1.The judgment of the first instance shall be modified as follows:

The plaintiff's lawsuit against the defendant C to confirm the invalidity of will.

1. Scope of adjudication of this court;

A. In the first instance trial, the Plaintiff sought reimbursement of KRW 21,00,000 as the return of legal reserve of inheritance against the Defendant B on the condition that the will in the claim is invalid, and that the will in the claim is confirmed by a will in the authentic will and that the registration procedure for ownership transfer based on the restoration of the authentic name is fulfilled. In addition, the Plaintiff sought reimbursement of KRW 21,00,000 as the return of legal reserve of inheritance against the Defendant C on the condition that the preliminary claim against the Defendant C shall be rejected. The court of first instance dismissed all the Plaintiff’s primary claim against

Accordingly, only the plaintiff filed an appeal regarding the primary claim against the defendant C among the judgment of the first instance court.

B. However, the plaintiff's primary claim against the defendant C is premised on the invalidity of the will stated in the purport of the claim. Since the plaintiff's primary claim against the defendant B is premised on the validity of the will stated in the purport of the claim, the plaintiff's primary claim against the defendant C and the conjunctive claim against the defendant B cannot be legally compatible, and therefore, the lawsuit of this case has the nature of subjective preliminary co-litigation.

C. Meanwhile, a subjective preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). In a subjective preliminary co-litigation, where one of the primary co-litigants and the preliminary co-litigants files an appeal in a subjective preliminary co-litigation, the confirmation of the part of the claim concerning other co-litigants is interrupted, and it is subject to adjudication in the appellate trial (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of adjudication on an appeal is the conclusion between the primary preliminary co-litigants and their parties.