The appeal by Defendant B District Housing Association is dismissed.

Expenses for appeal shall be borne by the defendant B District Housing Association.

1. 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 (Article 70(2) of the Civil Procedure Act). In a subjective preliminary co-litigation, if one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the confirmation of the claim part concerning other co-litigants is interrupted, and the claim part concerning other co-litigants is transferred to the appellate court, and is subject to adjudication. In such a case, the subject of adjudication on the appeal shall be determined by taking into account the necessity of the unity of conclusion between the main co-litigants and their parties.

(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). The Plaintiff’s claim in this case was brought to the effect that, if the claim against the Defendant Union is not accepted, the claim against the Defendant Company would be accepted, and the claim against the Defendants constitutes a subjective preliminary co-litigation relationship, and thus, the primary Defendant appealed against its lost part.

Even if so, the part of the claim against the conjunctive defendant is not confirmed, and it is subject to the judgment of this court.

2. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) excluding an additional determination as to the argument in this court of the defendant union as stated in paragraph (3) is the same as the reasoning of the judgment of the first instance; and (b) citing this as it is by the main text of Article 420 of

3. Additional determination on the assertion in this Court by the Defendant Union

A. The Defendant Union entered into the instant membership agreement to secure the obligation to pay the acquisition price to the non-party company of the Defendant Company. However, in fact, the Defendant Union actually entered into the membership agreement.