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. Although only Defendant C appealed with respect to the judgment of the first instance court, the instant lawsuit is a necessary co-litigation as a lawsuit claiming partition of co-litigation. In such a case, an appeal filed by one of the co-litigants is effective against other co-litigants, and the lawsuit against Defendant B, which did not file an appeal, has become final and conclusive, and thus, it is also determined as to Defendant B, who did not file an appeal.

2. The fact-finding and judgment of the first instance court, citing the judgment of the first instance, is justified even if the evidence submitted to this court was based on the evidence duly examined by the court of first instance.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance.

3. The judgment of the court of first instance is just, and the defendant C's appeal is dismissed.