소유권확인
1. Of the judgment of the court of first instance, the amount exceeding the following payment order with respect to a claim for return of unjust enrichment.
The plaintiff asserts that the building of this case is owned by one of the Defendants, and claims for removal of the building of this case and delivery of the land of this case against the main Defendant C, E, 1 preliminary Defendant E, 2 preliminary Defendant B, and 3 preliminary Defendant D, and claims for unjust enrichment from the possession and use of the land of this case. Thus, the above Defendants' claims against the above Defendants are related to preliminary selective co-litigation under Article 70 of the Civil Procedure Act.
On the other hand, preliminary selective co-litigation is a form of litigation in which all co-litigants settle the dispute between each other in the same legal relationship without contradiction (Article 70(2) of the Civil Procedure Act), and a judgment shall be rendered on the claims against all co-litigants (see, e.g., Supreme Court Decision 2009Da65669, Dec. 24, 2009). In addition, where one of the primary co-litigants and the conjunctive co-litigants files an appeal in a preliminary selective co-litigation, the final judgment on the claims against other co-litigants shall be prevented, and the appeal shall be subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2006Du1765, Mar. 27, 2008). In such a case, the subject of adjudication on the appeal shall be determined by taking into account the necessity of the conclusion between the primary co-litigants and their parties.
(see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201; Supreme Court Decision 2014Da75202, Mar. 20, 2015). However, each claim against primary Defendant C, Preliminary Defendant E, 2, and 3 Preliminary Defendant D is in a relationship with which each claim may not be accepted or one claim may not be accepted, depending on whether the original acquisitor of the instant building is the person who acquired the instant building.