1. The appeal by Defendant LTV Co., Ltd. is dismissed.

2. The costs of appeal are Defendant LTI Co., Ltd.

1. In the first instance trial, the Plaintiff filed a claim for the extradition of the instant movable property against the Defendant Company and the conjunctive claim for damages against the Defendant Company B. The primary claim against the Defendant Company was accepted, and the conjunctive claim against the Defendant Company was dismissed, and only the Defendant Company appealed.

In a subjective and preliminary co-litigation, if either the primary co-litigants or the conjunctive co-litigants file an appeal, the part of the claim against other co-litigants shall also be prevented, and they shall be subject to adjudication in the appellate trial (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). The plaintiff's lawsuit in this case was brought to the purport that if the primary claim against the defendant company is not accepted, the claim against the defendant company may be accepted, and thus, the primary claim against the defendant company and the conjunctive claim against the defendant B are in a subjective preliminary co-litigation relationship. Thus, even if only the primary defendant company appealed, the part of the claim against the defendant company in this case shall not be finalized, and it shall be subject to adjudication in the appellate trial, and this is transferred

2. Facts of recognition;

A. Defendant B, the owner of the 7/10 share of the 7/10 share of the 7/10 share of the building of Gangnam-si C (hereinafter “the building of this case”), was operating the “D hotel” (hereinafter “the instant hotel”) in the above building, and around July 2006, leased the 2nd floor of the instant building to the Plaintiff at KRW 100 million as the lease deposit.

B. Since then, the Plaintiff entered into a lease agreement with Defendant B on December 10, 2008, stating the lease deposit amount of KRW 50 million, and obtained the fixed date as of December 10, 2008, and entered into the following transfer security agreement with Defendant B on November 9, 2009 to secure the remainder of KRW 50 million, and the possession of the instant movable property.