1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle in the same legal relationship with one another in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). It is prohibited to render a judgment on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or to render an additional judgment on the remaining co-litigants.

In addition, since the other party's litigation against one of the co-litigants in a subjective and preliminary co-litigants has an effect on all the co-litigants, if an appeal is filed against any of the main co-litigants and any of the preliminary co-litigants, the part of the claim against the other co-litigants is also transferred to the appellate court, and they are subject to the appellate court's judgment. In such a case, the subject of the appellate court's judgment should be determined by considering the necessity of the conclusion that the main and preliminary co-litigants and

(see, e.g., Supreme Court Decision 2017Da207451, Jul. 11, 2017). The Plaintiff primarily imposes on Defendant B the responsibility of the possessor of a structure under Article 758(1) of the Civil Act against Defendant B, as well as on Defendant Seoul Special Metropolitan City, the responsibility of the owner of a structure under the proviso of Article 758(1) of the Civil Act.

In this regard, the first instance court partially accepted and dismissed the claim against the primary defendant B Corporation, and dismissed the claim against the primary defendant B Corporation, and the plaintiff appealed only for the claim against the primary defendant B Corporation.

The instant claim against the Defendants is in a relationship in which both claims may not be accepted in entirety, or the grounds for determining one’s claim may affect the judgment on the other claims, and thus the process of determining each claim is necessarily mutually combined, all the parties concerned.