1. Of the judgment of the court of first instance, the part against Defendant A, which exceeds the following amount ordered to be paid, shall be revoked.

Subjective preliminary co-litigation within the scope of adjudication of this court is the form of litigation in which all co-litigants settle the dispute between themselves with respect to the same legal relationship in a lump sum without contradiction, and a judgment shall be rendered on the claims against all co-litigants.

(Article 70(2) of the Civil Procedure Act and where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim related to other co-litigants shall be prevented, and they shall be subject to adjudication as they are transferred to the appellate court. In such a case, the subject of adjudication on appeal shall be determined in consideration of the necessity of the conclusion of the conclusion between the main co-litigants and their parties.

(See Supreme Court Decision 2014Da75202 Decided March 20, 2015, etc.). The Plaintiff, around the first instance trial, filed a claim against Defendant A for damages as the possessor of a structure under Article 758(1) of the Civil Act with respect to the damage incurred by the instant fire, and filed a claim against Defendant A as the owner of a structure in preliminary case where the liability for the possessor of a structure is not recognized. The Plaintiff’s claim against the Defendants against the Defendants constitutes a preliminary co-litigation as provided by Article 70(1) of the Civil Procedure Act, where the claim against the co-litigants is legally incompatible with that against other co-litigants.

따라서 피고 A에 대한 청구를 일부 인용하고 피고 C에 대한 청구를 기각한 제1심판결에 대하여 피고 A만이 항소를 하고 원고와 피고 C이 항소하지 �았다고 하더라도, 피고 C에 대한 청구도 확정이 차단되고 당심에 이심되어 당심의 심판범위에 포함된다.

Even after closely reviewing the evidence partially cited in the reasoning of the judgment of the first instance, Defendant A’s first floor of the fireproof building in this case.