1. The plaintiff's appeal against the defendant B shall be dismissed.

2. The plaintiff's appeal against the defendant C and its extension in the trial.

1. Ex officio determination as to the legitimacy of the Plaintiff’s appeal against Defendant B

A. Since an appeal is seeking change in favor of himself/herself in relation to a judgment unfavorable to him/her, the appeal is not permitted with respect to the entire judgment, and in principle, whether the judgment is disadvantageous to the appellant or not should be determined based on the text of the judgment.

However, where a lawsuit seeking performance of a claim for claim against a divisible claim is filed and the purport that the remaining part is reserved and only a claim is made, the res judicata effect of the final and conclusive judgment shall extend to the remaining part, and thus, it cannot be re-claimed by a separate lawsuit

Therefore, if an obligee who won the entire claim is not allowed to file an appeal to expand the remainder of the claim, the obligee who won the entire claim is disadvantaged by losing the opportunity to recover the remainder of the claim. In such a case, the benefit of appeal can be recognized to extend the remainder of the entire winning judgment.

(See Supreme Court Decision 96Da12276 delivered on October 24, 1997, etc.). However, in cases of a partial claim stating that the remaining part is reserved and only a part of the claim is claimed, barring any special circumstance, the obligee who won the entire lawsuit may re-claim the remaining part by a separate lawsuit, and barring special circumstance, no benefit of appeal is recognized to expand the rest of the claim.

(B) Supreme Court Decision 2004Da37904, 37911 Decided June 15, 2007; Supreme Court Decision 2008Da51649 Decided December 24, 2008; Supreme Court Decision 2010Du14534 Decided November 11, 2010, etc.).

In light of the above legal principles, this case is examined.

According to the records of this case, the plaintiff stated that part of the claim is made against the defendant B, and stated that the sale price of this case is KRW 30,000,000 and this is accordingly.