계약금반환 등 청구의 소
1. The part of the judgment of the court of first instance against Defendant A shall be revoked.
2. The plaintiff's claim against the defendant A is dismissed.
3...
1. Scope of the judgment of this court;
A. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction, and a judgment shall be rendered on the claims against all co-litigants.
(Article 70(2) of the Civil Procedure Act, and where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim related to other co-litigants shall be prevented, and they shall be subject to adjudication as they are transferred to the appellate court. In such cases, the subject of adjudication on an appeal shall be determined by taking into account the necessity of the unity of conclusion between the main and preliminary co-litigants and their parties.
(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). (B)
In the first instance trial, the Plaintiff sought the return of the down payment on the grounds of the cancellation of the above sales contract with the Plaintiff on behalf of the Defendant G on the grounds that the Defendant G primarily concluded a sales contract with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on behalf of the Defendant A, and in case where the Defendant G does not have the authority to represent the Defendant G as his agent, the Plaintiff sought the return of the down payment on the grounds of the cancellation of the above sales contract against the Defendant G. The Plaintiff’s claim against the Defendants constitutes a preliminary co-litigation by the Defendant under Article 70(1) of the Civil Procedure Act, in case where the claim against the co-litigants
C. The first instance court accepted all the Plaintiff’s claim against Defendant A, and dismissed the claim against the conjunctive Defendant G, and Defendant A appealed against this.
As above, as long as the primary defendant A filed an appeal against the judgment of the first instance, the primary defendant A is subject to the primary defendant A.