1. Of the judgment of the court of first instance, the costs of KRW 1,523,295,90 for the Plaintiff and 1,388,243 for the Defendant Shin Young-young Co., Ltd.

In the court of first instance, the plaintiff primarily sought compensation in lieu of the defect repair transferred from the sectional owners on the ground that he succeeded to the status of the purchaser of the apartment in this case against the defendant's assets trust, on the ground that he is the seller of Jinju-si A apartment (hereinafter "the apartment in this case"). The court of first instance dismissed the claim against the defendant's assets trust and partly accepted the claim against the defendant's assets trust, and only the defendant's new-young filed an appeal.

The Plaintiff’s claim against Defendant Korea Assets Trust and the claim against Defendant New Young-young are legally incompatible claims that are recognized alternatively according to whether the status of the seller of the apartment of this case succeeded to the status of the seller of the apartment of this case, and are in a subjective preliminary co-litigation relationship under Article 70 of the Civil Procedure Act.

Where one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the final and conclusive part of the claims against other co-litigants shall be prevented, and it shall be subject to adjudication in the appellate court, and in such case, the subject of adjudication in the appellate court shall be determined by taking into account the necessity of the final and conclusive conclusion between the main co-litigants and their parties.

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). Therefore, even if only the conjunctive Defendant 1 filed an appeal against the judgment of the court of first instance, even if only the primary Defendant 1 filed an appeal against the judgment of the court of first instance, the portion of the claim against the primary Defendant 1’s asset trust is also excluded from the confirmation,

Basic Facts

The plaintiff is an autonomous management organization organized by the occupants to manage 11 apartment units of this case and 916 apartment units of this case.

The defendant Korean Asset Trust is a three-way development.