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1. The judgment of the court of first instance is modified as follows.
All of the plaintiffs' lawsuits against defendant L are dismissed.
(b).
Reasons
1. Scope of the judgment of this court;
A. In the first instance trial, the Plaintiffs filed a claim for the registration of ownership transfer on the ground of the Plaintiff’s inheritance shares listed in the separate sheet of inheritance shares among each of the instant real estate with Defendant L as the primary Defendant, and the Defendants filed a claim for the registration of ownership transfer on the ground of the real name recovery. ② The Defendants filed a claim with Defendant M and N for the cancellation of the ownership transfer registration on the inheritance shares of the instant real estate among the instant real estate, and filed a claim with the Plaintiff for the registration of ownership transfer on the ground of the Plaintiff’s inheritance shares listed in the separate sheet of inheritance shares among the instant real estate.
The first instance court rejected all of the plaintiffs' primary claims against Defendant L (the first instance court) and dismissed all of the conjunctive claims against Defendant M and N (the second part) on the ground that "as long as the main claims are accepted, the conjunctive claims against the above Defendants cannot be accepted."
On the other hand, the appeal was filed against the losing part of the primary defendant L only.
B. In a subjective preliminary co-litigation, if one of the primary co-litigants or the conjunctive co-litigants files an appeal, the final and conclusive part of the claim against other co-litigants shall be prevented, and it shall be subject to adjudication by the appellate court (see Supreme Court Decision 2009Da43355, Feb. 24, 201). As such, the part of the claim against the conjunctive defendant M and N by an appeal of the primary defendant L became the scope of adjudication by this court.
Therefore, this decision is judged together.
2. The reasons why this Court shall state this part of the basic facts are the same as that of “1. Basic Facts” in the reasoning of the judgment of the first instance except for the following parts written by the court. As such, the basic facts are included in the summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The first 3rd and fourth 5th to 5th.