계약금반환등
1. The plaintiff A's appeal is dismissed.
2. The costs of appeal are assessed against Plaintiff A.
Purport of claim and appeal
1..
1. Subjective and preliminary co-litigation with respect to the same legal relationship, a judgment shall be rendered on the claims against all co-litigants, which are the form of litigation in which all co-litigants settle the dispute between themselves in a lump sum without contradiction in one litigation procedure;
(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 final and conclusive part of the claim concerning other co-litigants shall be prevented, and the appeal shall be subject to adjudication in the appellate trial (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of adjudication in the appellate trial shall be determined in consideration of the need for the final and conclusive conclusion between the main and preliminary co-litigants and their other parties.
(See Supreme Court Decision 2009Da4355 Decided February 24, 2011, and Supreme Court Decision 2014Da75202 Decided March 20, 2015, etc.). In the first instance trial, the Plaintiffs sought payment of KRW 93,00,000 to the Plaintiff A around the first instance trial, and the Plaintiffs sought reimbursement of KRW 88,000,000 to the Plaintiff Company and KRW 5,00,000 to the Plaintiff Company in the first instance. The primary claim was dismissed, and the Plaintiff’s claim among the conjunctive claims was dismissed, and the Plaintiff’s claim was accepted.
In this regard, the part of the Plaintiff’s claim (preliminary claim) is excluded from confirmation and transferred to the appellate court. However, as seen below, the buyer determined that the party to the sales contract for the instant housing (the “instant second sale contract”) entered into “B” as “B” is the Plaintiff B, and furthermore, as long as the parties to the first sale contract and the second sale contract entered into in the judgment of the first instance are deemed to be different from the other parties to the contract, the scope of the instant judgment is limited to the part concerning Plaintiff A.
2. The grounds for appeal by the plaintiff A citing the judgment of the court of first instance are as follows.