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1.The judgment of the first instance shall be modified as follows:
The defendant 1/2. Of each real estate listed in the separate sheet to the plaintiff.
Reasons
1. Scope of the judgment of this court;
A. The Plaintiff asserts that he/she independently purchased each real estate listed in the separate sheet, and sought a judgment as stated in the purport of the claim against the Defendant, and the independent party intervenors have jointly purchased each real estate listed in the separate sheet with the Plaintiff and the Defendant, asserting that J as his/her heir, they jointly purchased each real estate listed in the separate sheet with the Plaintiff and the Defendant.
The court of first instance rendered a judgment accepting the plaintiff's claim and dismissing all the claims of the independent party intervenors.
Although the independent parties concerned appealed against this, the defendant did not file an appeal and this court has only filed an appeal by the independent parties concerned.
B. Meanwhile, an independent party intervention lawsuit pursuant to Article 79 of the Civil Procedure Act is a form of lawsuit in which the original defendant, the independent party intervenor, and the independent party intervenor resolve the dispute between themselves in a lump sum without contradiction. In the event that an independent party intervention is deemed lawful and a judgment on the merits of a lawsuit between the original defendant and the intervenor is rendered on the merits of the lawsuit between the said three parties, a final judgment with the said three parties named in the name of the said judgment should be rendered, thereby rendering a joint and conclusive conclusion among the said three parties. In the event one party appeals against the judgment on the merits, the final judgment of the first instance shall be interrupted and the entire case shall take
In such a case, the subject of the appellate trial is limited to the scope of objection expressed in the purport of the appeal by the person who actually filed the appeal, but the scope of the trial shall be determined by considering the necessity of the unity between the above three parties. Accordingly, if necessary to make a conclusion through the deliberation and decision in the appellate trial, the appeal or incidental appeal shall be filed to the extent necessary for the unity of the conclusion between the above three parties.