1. The plaintiff's appeal against the defendant E and the plaintiff's main part of the appeal against the defendant E in exchange for the defendant E.

1. Whether an appeal filed against Defendant E and the Plaintiff’s primary claim and conjunctive claim filed against Defendant E, whose exchange was changed in the trial of the party, are legitimate

A. The Korea Technology Credit Guarantee Fund, the Plaintiff’s assertion, won in favor of the Defendants in the first instance trial, and Defendant E did not appeal, but Defendant E appealed by Defendant Port Credit Union (hereinafter “Defendant Cooperative”).

The Korea Technology Credit Guarantee Fund appealed the part of the judgment of the first instance against the defendant E in preparation for the dismissal of the claim against the defendant union at the second instance.

On November 2, 2015, while the trial was in progress, the bankruptcy was declared against C, and the Plaintiff was appointed as bankruptcy trustee (Seoul District Court 2015Hau1377). On March 11, 2016, the Plaintiff taken over the instant lawsuit by the Korea Technology Credit Guarantee Fund under Articles 406 and 347(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

At the trial of the court, the Plaintiff changed the claim to the Defendants for revocation of the previous fraudulent act (a sales contract cancellation) and restitution (a cancellation of ownership transfer registration) as stated in the column of purport of the claim, such as the application for amendment of purport of the claim as of August 19, 2016.

B. An appeal of the relevant legal principles can only be filed against a judgment unfavorable to an appellant, and whether the judgment is disadvantageous to appellant should be determined at the time of filing the appeal by setting the order of the judgment as the standard. Thus, an appeal of the judgment of the entire winning the judgment is unlawful as there is no benefit.

(1) In cases where only the Defendants have lodged an appeal, the Plaintiff may extend the purport of the claim at an appellate court, and in such a case, the Plaintiff is deemed to have filed an incidental appeal (see, e.g., Supreme Court Decisions 2007Da20235, Jul. 13, 2007; 79Da1299, Aug. 28, 197). In such a case, the Plaintiff is deemed to have filed an incidental appeal (see, e.g., Supreme Court Decision 2008Da18376, Jul. 24, 2008).