1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

1. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between themselves in the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). A judgment shall not be granted in respect of the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or in respect of some co-litigants, or in respect of 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, which is subject to the appellate court's judgment. In such a case, the subject of the appellate court's judgment should be determined in consideration of the necessity of the conclusion that the main and preliminary co-litigants and

(see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008; Supreme Court Decision 2017Da207451, Jul. 11, 2017). The Plaintiffs primarily sought against Defendant M&A for the cancellation and restitution of the sales contract for each real estate listed in the separate sheet on the ground of a fraudulent act, and, in the event that the said claim is rejected, the Plaintiffs sought reimbursement against Defendant N&A for damages due to tort or nonperformance of obligation or restitution of unjust enrichment.

The first instance court dismissed the claim against the primary defendant M Co., Ltd., and accepted all or part of the claim against the primary defendant N, and only the plaintiffs appealed against the primary defendant M Co., Ltd.

The claim of this case against the Defendants is in a relationship that is neither acceptable nor acceptable to both claims.