건물명도
1. Defendant C’s appeal is dismissed.
2. Costs of appeal are borne by C.
purport, purport, and.
1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against the other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court. In such a case, the appellate court shall determine the scope of the appeal in consideration of the necessity of the conclusion between the main co-litigants and their parties.
(See Supreme Court Decision 2009Da43355 Decided February 24, 201). The Plaintiff primarily sought delivery of the building and return of unjust enrichment on the premise that the said Defendant occupied the building of this case against Defendant B, and, in addition, sought collection of movable property on the premise that the said Defendant occupied the building of this case against the said Defendant C. Thus, each of the instant claims against the Defendants against the Defendants is not legally compatible and the need for its unity is recognized. Thus, even if only Defendant C filed an appeal against the judgment of the first instance court, the confirmation of the conjunctive claim against the Defendant B is also interrupted, and is transferred to the appellate court, and is included in the scope of the trial of this court.
2. The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of
3. Accordingly, the plaintiff's claim against the main defendant Eul is dismissed as it is without merit, and the claim against the conjunctive defendant C is justified, and the judgment of the court of first instance is just in conclusion, and the appeal by the defendant C is dismissed as it is without merit. It is so decided as per Disposition.