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1. The main part of the judgment of the court of first instance against Defendant B shall be revoked.
2. The plaintiff's primary defendant B
Reasons
1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation within the scope of a trial by the party, the final and conclusive part of claims concerning other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court, and in such a case, the subject of a trial by the appellate court shall be determined by taking into account the need for a final and conclusive conclusion between the main preliminary co-litigants and their parties.
(see, e.g., Supreme Court Decisions 2009Da43355, Feb. 24, 201; 2009Da104960, 104977, Mar. 27, 2014). The Plaintiff’s claim against Defendant B is apparent to the effect that the claim against Defendant B was brought to the effect that the claim against the network C would be accepted unless the claim against Defendant B was accepted. As such, the Plaintiff’s claim against Defendant B and the claim against the network C are in a subjective and preliminary co-litigation relationship.
Therefore, even if only the primary defendant B appealed, the part of the claim against the ancillary defendant C in the first instance trial is not finalized, and it will be subject to the judgment of this court.
2. Basic facts
A. On December 25, 2014, G, which is the Plaintiff’s mother and his/her agent (hereinafter referred to as “Plaintiff, etc.”), concluded a sales contract with the network C, claiming that he/she is the Defendant’s agent, to purchase the Gangdong-gu Seoul apartment E (hereinafter referred to as “instant apartment”) of KRW 369 million (the contract amounting to KRW 35 million, intermediate payment, KRW 65 million on February 26, 2015, and KRW 69 million on March 30, 2015) (hereinafter referred to as “instant sales contract”).
B. The Plaintiff, etc. remitted the sum of KRW 35 million, including KRW 5 million on December 25, 2014 and KRW 35 million on December 26, 2014 as down payment, to Defendant B’s account.
C. Defendant B entered into the instant sales contract with the Plaintiff on January 6, 2015 and on January 13, 2015 without any authority.