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1. The appeal by the defendant M shall be dismissed;
2. All appeals filed by Defendant H, J, K, L, N,O, P, and Q are dismissed.
3...
Reasons
1. We examine whether the appeal by the defendant M is legitimate ex officio in determining the appeal by the defendant M.
An appeal is seeking revocation or alteration of a judgment disadvantageous to himself/herself in favor of himself/herself.
An appeal against a judgment in favor of the entire party is not allowed because there is no object or interest to file an appeal (see, e.g., Supreme Court Decision 2017Da246180, Jun. 13, 2019). At the first instance trial, Plaintiff D sought restitution of unjust enrichment or damages against Defendant M, and Plaintiff D’s succeeding intervenors sought delivery of real estate or return of unjust enrichment or damages. The fact that each of the above claims was entirely dismissed is clearly recorded in the record, and therefore, Defendant M who won the entire winning party has no interest in filing an appeal against Plaintiff D and the succeeding intervenors of Plaintiff D.
Therefore, the appeal by the defendant M is unlawful and dismissed.
2. Determination on Defendant H, J, K, L, N,O, P, and Q’s appeal
A. The grounds for appeal by Defendant H, J, K, L, N,O, P and Q (hereinafter “Defendant H”) are not significantly different from the allegations in the first instance court, and the fact-finding and judgment by the first instance court are justified even if each evidence submitted to this court was presented in the first instance court.
Therefore, the reasoning of the judgment of this court is partly modified as follows, and as to the assertion that Defendant H et al. received a correction order in this court, the following grounds of the judgment of the first instance are as follows, except for adding up “a. additional determination” as to the assertion that Defendant H et al. received a correction order, and thus, they
(However, the part of each judgment on Co-Defendant C of the first instance court and Co-Defendant I of the first instance court, which was separated by the withdrawal of appeal, and the part of each judgment on Defendant M, the appeal of which was dismissed, are excluded). 1) In all of the judgment of the first instance, “attached Form” shall be deemed to be “attached Form of the first instance court”. 2) In all of the judgment of the first instance, “Defendant I” shall be deemed to be “Co-Defendant I of the first instance court.”
3. "Witness" in the judgment of the first instance is all "the first instance court."