1. The judgment of the first instance as to the main lawsuit is revoked, and the plaintiff's claim is dismissed.

2. All costs of the principal lawsuit shall be incurred.

1. Scope of the judgment of this court;

A. The Plaintiff used both the instant land and its ground buildings, Geumcheon-gu Seoul Metropolitan Government I land and its ground buildings for the Defendant, Geumcheon-gu Seoul Metropolitan Government, for social welfare programs from the 1960 to the 1960s.

The Intervenor filed a claim against the Plaintiff for the implementation of the ownership transfer registration procedure due to the gift, and the Intervenor filed a claim against the Defendant for the implementation of the registration procedure for the cancellation of ownership transfer registration under the name of the Defendant with respect to the land in this case.

The court of first instance accepted the Plaintiff’s claim against the Defendant, and dismissed the Intervenor’s claim against the Plaintiff and the Defendant in full, and only the Defendant appealed.

B. According to Article 79(1) of the Civil Procedure Act, when rendering a judgment on the merits of a lawsuit between the original defendant and the intervenor, a final judgment shall be rendered in the name of the said three parties, and a judgment shall not be rendered only on the part of the said parties. In a case where one of the parties files an appeal against such judgment on the merits, the entire final judgment of the first instance shall be interrupted, and the whole of the case shall take effect (see Supreme Court Decision 2006Da86573, 86580, Oct. 26, 2007). However, in such a case, the subject of adjudication by the appellate court pursuant to Article 407 of the Civil Procedure Act shall be limited to the scope of objection expressed in the purport of the appeal by the person who files an actual appeal, and the judgment on the part of the intervenor’s claim that has not been filed or not been filed shall be made within the necessary limit for the unity of conclusion among the original defendant and the intervenor.

(See Supreme Court Decision 2007Da37776, 37783 Decided December 14, 2007). In this case, only the Defendant is against the principal part of the lawsuit.