1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim against the defendant B and the conjunctive defendant C.

1. Subjective and preliminary co-litigation is a 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 (Article 70(2) of the Civil Procedure Act). It is prohibited to render a judgment on the claims against all co-litigants or render an additional judgment on the remaining co-litigants.

In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the confirmation of the claim part concerning other co-litigants shall be prevented, and it shall be transferred to the appellate court, and in such case, the subject of adjudication on the appeal shall be determined in consideration of the need for the unity of conclusion between the main and preliminary co-litigants and the other parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 201, etc.). In preparation for the case where the Plaintiff primarily sought payment of money against Defendant B and the claim is not accepted, the Plaintiff seeks confirmation as to the fact that the shareholder in the name of the Defendant C among the shares issued by D Co., Ltd. is the Plaintiff. Each of the above claims by the Plaintiff is not accepted, or one claim is affected by the judgment of the other claim, and the process of determining each claim is necessarily mutually combined with each other. Thus, it constitutes a subjective and preliminary co-litigation relationship under Article 70(1) of the Civil Procedure Act, which requires the unity of conclusion among all parties.

Therefore, even if only the primary defendant B filed an appeal, the part of the plaintiff's claim against the primary defendant C shall be prevented, and the appellate court shall be transferred to the court, which is the appellate court, to be judged by this court.

2.The following facts of recognition shall be the parties: