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1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. In the first instance trial, the Plaintiff asserted that each of the corporeal movables listed in the separate sheet No. 3 against the primary Defendant was owned by the Plaintiff, and sought delivery of each of the said corporeal movables. If the primary Defendant had bona fide acquired each of the said corporeal movables against the primary Defendant, the conjunctive Defendant claimed the return of the said movables’ unjust enrichment equivalent to the value of each of the said corporeal movables.
The court of first instance accepted part of the plaintiff's claim against the primary defendant (the part of each corporeal movables listed in paragraphs (b), (c) through (3), (5) through (9), and (4) of attached Table 3) and dismissed the remainder of the claim against the primary defendant (the part of each corporeal movables listed in paragraphs (a), (4), (2, and (3) of attached Table 3) and the claim against the primary defendant, and only the plaintiff appealed against the primary defendant as to the part against which the claim against the primary defendant was lost.
A subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other in the same legal relationship without contradiction in a single litigation procedure, and a judgment shall be rendered on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act). It is not allowed to render a judgment or render an additional judgment on the remaining co-litigants only for some co-litigants among them.
In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the final and conclusive part of the claim against other co-litigants shall be prevented, and it shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201). Therefore, the part against which the plaintiff appealed against the main defendant (the part concerning each corporeal movables listed in paragraphs (4), (2), and (3) of attached Table 3) and the plaintiff's appeal shall be transferred to the appellate court following the plaintiff's appeal.