1. Of the judgment of the court of first instance, the part against Defendant E in excess of the following amount ordered to be paid shall be revoked.

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiffs: (a) delegated only the right to negotiate on the resettlement compensation to Defendant E, Co-Defendant D and F, who are co-representatives of the Seoul Mapo-gu Emergency Countermeasures Committee related to the Area Redevelopment 2 and 3; and (b) accordingly, Defendant C Co-Defendant D and F, based on the result of the negotiations, claimed that the resettlement compensation paid to the said Defendants cannot be recognized as effective; and (c) primarily, Defendant E, Co-Defendant D and F claimed compensation for damages on the ground that the said Defendants embezzled without paying the resettlement compensation received from the said Defendants to the Plaintiffs, if the payment becomes effective in advance.

This form of lawsuit is a case where a claim against a co-litigants is legally incompatible with a claim against another co-litigants, and is a preliminary co-litigation of the defendant under Article 70(1) of the Civil Procedure Act.

B. The judgment of the court of first instance dismissed the plaintiffs' primary claim and accepted the conjunctive claim. Accordingly, the appeal filed by only the conjunctive defendant E and F who lost the court of first instance, but the F withdraws the appeal. The plaintiffs did not appeal against the main defendant dismissed.

C. As above, inasmuch as Defendant E filed an appeal against the first instance judgment, the first instance judgment as to the primary Defendant Company which needs to be consolidated in relation to the primary Defendant E is not finalized, and is subject to trial due to the first instance judgment. However, the Defendant Company is in the position of “party to the appellate trial” who did not appeal without filing an appeal. Thus, in the first instance trial, the lower court decides to determine the Defendant Company only to the extent that it needs to be combined.

2. Facts of recognition;

A. The Plaintiffs are located in the Seoul Mapo-gu Seoul Mapo-gu District Redevelopment 2 and 3 (hereinafter referred to as the “instant project district”).