1. The part against the conjunctive defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the conjunctive defendant.

1. The scope of the trial at the court of first instance requested the joint defendant B (hereinafter referred to as "B") of the first instance court to implement the registration procedure for transfer of ownership based on the promise for payment in substitutes as of May 3, 2007, and the first preliminary defendant and B filed a claim for the payment of loans (joint and several liability amount for the preliminary defendant) jointly and severally against the preliminary defendant and B, and the first preliminary claim was dismissed at the court of first instance and the second preliminary claim was accepted.

On the other hand, the plaintiff appealed the plaintiff's main claim against B, the first preliminary claim, and the second preliminary claim were judged in the trial. In addition, the conciliation was concluded to the effect that the plaintiff's main claim against B, the first preliminary claim against the plaintiff, and the second preliminary claim against the plaintiff, which are in a relationship of subjective and preliminary co-litigation under Article 70 of the Civil Procedure Act, are prevented, and the confirmation of the second preliminary claim against the conjunctive defendant was transferred to the trial court, and the conciliation was concluded to fully accept the main claim on May 18, 2018.

While the Civil Procedure Act requires the application of Articles 67 through 69, which are provisions concerning indispensable co-litigation to subjective and preliminary co-litigation, recognizes exceptions in the case of waiver, recognition, compromise and withdrawal of litigation (proviso of Article 70(1)), it is possible to compromise with some of co-litigants (proviso of Article 70(1)). In such cases, the part of claims concerning the remainder of co-litigants which have not been settled is still subject to adjudication.

In a case where conciliation becomes final and conclusive, the litigation between the plaintiff and B is terminated by conciliation (Article 29 of the Judicial Conciliation of Civil Disputes Act), and the part of the claim against the remaining conjunctive defendant who did not compromise is still the subject of a trial, and the scope of the trial of this court is limited to the plaintiff's secondary preliminary claim against the conjunctive defendant.