1. Revocation of the first instance judgment.

2. The plaintiff A's claim is dismissed.

3. The defendant shall enter the plaintiff B in the annexed list.

1. Scope of adjudication of this court;

A. Subjective 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 must render a judgment on the claims against all co-litigants.

(Article 70 (2) of the Civil Procedure Act). In addition, in a subjective preliminary co-litigation, if one of the main co-litigants and the conjunctive co-litigants files an appeal or an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part of the claim against the other co-litigants is transferred to the appellate court and they are subject to the adjudication of the appellate court

In such cases, the scope of the adjudication on the appeal shall be determined in consideration of the necessity for the conclusion of the conclusion between the primary and preliminary co-litigants and their parties.

(See Supreme Court Decision 2006Du17765 Decided March 27, 2008; Supreme Court Decision 2009Da43355 Decided February 24, 201, etc.) B.

In the instant case, the Plaintiffs asserted that they concluded a new contract with the Defendant on February 16, 2015, instead of restoring the name thereof, under the premise of resolving the title trust agreement with respect to the instant real estate concluded between the Plaintiff B and the Defendant, and the Plaintiff A sought the implementation of the procedures for ownership transfer registration against the Defendant under a new contract, and the Plaintiff B claimed the implementation of the procedures for ownership transfer registration based on unjust enrichment on the premise that the existing title trust agreement becomes null and void, and thus, it is deemed necessary to conclude the unity of conclusion among all the parties.

Therefore, even if only the defendant filed an appeal against the judgment of the court of first instance, the part of the plaintiff B's claim is transferred to the appellate court and is subject to the judgment of this court.

2. Basic facts

A. As to the real estate of this case, the real estate of this case is about 1989.