1. Defendant B’s appeal is dismissed.

2. Defendant Samsung Real Estate Brokerage Co., Ltd. and Korea Licensed Real Estate Agent Association

1. Determination of the scope of this court’s trial, and the Plaintiff’s lawsuit against Defendant Samsung Real Estate Brokerage and Korea Licensed Real Estate Agent Association

A. Article 70(1) of the Civil Procedure Act provides, “No legal compatibility” as a requirement for a preliminary co-litigation means a relationship in which two claims may not be accepted in all because the legal effects of either of the two claims are denied, on the basis of different evaluations of the same facts, where the legal effects of either of the two claims are recognized, or where either of the two claims may not be accepted due to the denial of the legal effects of the other, or where either of the facts is affirmed or denied by a selective fact-finding that constitutes the cause of the claim, or the other party’s legal effects are denied or affirmed by either of the parties’ selective fact-finding that constitutes the cause of the claim, and where both claims affect the other claim’s reasoning for determining the other claim, and thus the process of determining each claim is necessarily mutually combined, as well as where the substantive legal compatibility is not possible.

(see, e.g., Supreme Court Order 2007Ma515, Jun. 26, 2007). Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against other co-litigants shall be prevented, and the claim shall be transferred to the appellate court for adjudication. In such a case, the appellate court shall determine the scope of the trial by taking into account the necessity for the unity of the conclusion between the main and preliminary co-litigants and their parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 2011). However, even if a party claims in the form of preliminary co-litigation, if a claim against the co-litigants is not in a legally incompatible relationship, it shall be deemed that the claim against the co-litigants is not in a legally incompatible relationship.