토지인도
1. Of the judgment of the court of first instance, the part of the claim for confirmation of traffic right and the claim for prohibition of traffic obstruction against Defendant C, respectively.
1. In the first instance trial subject to the judgment of this court, the Plaintiff primarily filed a claim against Defendant B for the exclusion of interference with each of the surrounding land traffic rights and the surrounding land traffic rights and the surrounding land under the premise of the premise under Article 70(1) of the Civil Procedure Act, where: (a) part (c) size of 267 square meters (hereinafter “the instant land”) connected each of the points in the separate sheet 1, 21, 8, 9, 20, 20, 21 among the land listed in the separate sheet 2, 2, 3, 4, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 250 square meters in sequence among the land listed in the separate sheet 3, 250 square meters (hereinafter “the instant land portion”) among the co-litigants; and (b) such form of lawsuit can not be legally compatible with any other claim against the conjunctive co-litigants as to part of the land listed in the separate sheet 3.
As to this, the first instance court dismissed the claim against the primary defendant B, and declared a judgment citing the claim against the primary defendant C, and only the primary defendant C filed an appeal. In a preliminary co-litigation under Article 70(1) of the Civil Procedure Act, if an appeal is filed against either the primary co-litigants and any of the conjunctive co-litigants, the part of the claim against the other co-litigants is transferred to the appellate court and is subject to the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201). The part of the claim against the primary defendant B is also subject to the judgment of the appellate court. However, the primary defendant B is in the status of "party to the appellate court" who did not file an appeal without filing an appeal.
2. Basic facts
A. On February 6, 2006, the Plaintiff completed the registration of ownership transfer with respect to 2,357 square meters of D forest land in the name of the Plaintiff prior to the subdivision. The said land was divided into the land listed in paragraph (1) of the attached Table and the land listed in paragraph (4) of the attached Table on February 11, 201.
B. The land listed in paragraph 1 of the attached list shall be listed in the annexed list No. 2.