1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1..

1. In the first instance court’s trial scope, the Plaintiff primarily sought confirmation against Defendant C that Defendant C had the right to passage over the surrounding land as to “a, bbb, c, c, 5, 5, 5, 5, 27 square meters (hereinafter “527 square meters”)’ as to the primary claim of “7,636 square meters” as indicated in the primary claim of “7,241 square meters” (hereinafter “the primary traffic route of this case”) from among the primary claim of “7,636 square meters in the wife population D,” and the primary claim of “7,241 square meters” (hereinafter “the primary claim of this case”) against Defendant B, as to the primary claim of Defendant B, constitutes a preliminary co-litigation pursuant to Article 70(1) of the Civil Procedure Act, where a part of the co-litigants’ claim against other co-litigants is legally incompatible with that against other co-litigants

On this issue, the court of first instance has accepted the claim against the primary defendant C and sentenced to the judgment dismissing the claim against the primary defendant C, and only the primary defendant C has filed an appeal. In the preliminary co-litigation under Article 70(1) of the Civil Procedure Act, if an appeal is filed against any of 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, 2011). The part of the claim against the primary defendant B is also subject to the judgment of the appellate court, but the claim against the primary defendant C is also subject to the judgment of the appellate court. However, as seen below, the claim against the primary defendant B is

2. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the court files an appeal or adds it as stated in the following paragraph (3). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. On the part of the judgment of the court of first instance, the phrase “remedial” of No. 6 of the judgment of the court of first instance is deemed to be “specific”.

The judgment of the court of first instance.