1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1...

1. Scope of the judgment of this court;

A. In a subjective preliminary co-litigation under Article 70 of the Civil Procedure Act, Articles 67 through 69 of the Civil Procedure Act are applied mutatis mutandis to the subjective preliminary co-litigation, and the unification of litigation materials and proceedings is required. However, each co-litigants taking the lawsuit may join the lawsuit. In light of the above, if the decision in lieu of conciliation becomes final and conclusive, it has the same effect as a judicial compromise, and in principle, if some co-litigants do not raise any objection against the decision, the decision in lieu of conciliation can become final and conclusive in relation to the co

However, in light of the purport of the decision, such as cases where a separate confirmation is denied in a decision substituting conciliation, or where interests are adjusted on the premise that the matters prescribed in the decision form common legal relations among co-litigants, even if not, in light of the purport of the decision, etc., where a separate confirmation is allowed, it is not allowed to make a separate confirmation in a case where there is a result contrary to the legislative intent of the main text of Article 70(1) of the Civil Procedure Act aiming at the unification of litigation among co-litigants with conflicting interests (see Supreme Court Decision 2006Da57872, Jul. 10, 2008). This legal doctrine likewise applies to a decision recommending settlement having the same effect as a judicial compromise unless an objection is raised within the period of filing an objection, a subjective preliminary co-litigation ought to be decided as to all co-litigants’ claims in the form of litigation, without any inconsistency between all co-litigants in the same legal relations.

(Article 70(2) of the Civil Procedure Act and any of the main co-litigants in a subjective preliminary co-litigation shall file an appeal.