1. The judgment of the court of first instance is modified as follows.

Each real estate listed in the separate sheet between Defendant B and D.

1. Ex officio determination

A. Recognizing facts, the following facts are apparent in the records.

1) The Plaintiff is the Defendant and the Preliminary Defendant (hereinafter “Defendant”) with the obligation to pay the construction cost as the preserved claim against D, while D’s obligation exceeds D’s obligation.

(B) each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to B.

As Defendant B and D sold, the sales contract concluded on April 25, 2017 between Defendant B and the debtor (hereinafter “instant sales contract”).

(2) The first instance court, upon cancelling the instant sales contract between Defendant B and D, did not separately decide on the claim for value compensation against Defendant C while accepting the subsequent purchaser’s claim for value compensation. The first instance court did not separately decide on the claim for value compensation against Defendant C, which is the subsequent purchaser, in response to the case where the claim for value compensation against Defendant C is not accepted.

3) Defendant C filed an appeal against the judgment of the first instance. (B) In a subjective preliminary co-litigation, if one of the main co-litigants or any of the conjunctive co-litigants files an appeal, the final and conclusive part of the claim against other co-litigants is prevented, and the appeal is subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 2011). However, according to the facts acknowledged by this court in paragraph (a), the Plaintiff’s claim against the Defendants constitutes a so-called subjective preliminary co-litigation.

Therefore, even though Defendant C appealed only to Defendant C among the judgment of the first instance, the part concerning the claim for compensation for value against Defendant C, which is another co-litigants, is also prevented from confirming the part concerning the claim for compensation for value, and is subject to the judgment of this court.

2. On the other hand, the subjective preliminary co-litigation is all co-litigants with respect to the same legal relationship.