1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. In the first instance trial, the Plaintiff sought confirmation of invalidity of each part of the instant land among the instant adjudication on expropriation against the Defendant Central Land Expropriation Committee, and as a result, sought an increase in compensation for expropriation of the instant land among the instant land under the premise that each part of the instant adjudication on expropriation is valid. Such a form of lawsuit is a preliminary co-litigation of the Defendant’s conjunctive co-litigation in accordance with Article 8(2) of the Administrative Litigation Act and Article 70(1) of the Civil Procedure Act, where a claim for part of the co-litigants is legally incompatible with a claim against other co-litigants.

The first instance court dismissed the claim against the primary defendant's Central Land Expropriation Committee, and partly accepted the conjunctive defendant's claim against the Korea Water Resources Corporation, and the plaintiff filed an appeal only against the conjunctive defendant's Korea Water Resources Corporation.

A subjective preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction (Article 8(2) of the Administrative Litigation Act, Article 70(2) of the Civil Procedure Act), and a judgment shall be rendered on the claims against all co-litigants (Article 8(2) of the Administrative Litigation Act, Article 70(2) of the Civil Procedure Act), and where an appeal against one co-litigants is filed in a subjective preliminary co-litigation, the confirmation of claims against other co-litigants shall be prevented, and they are subject to adjudication in the appellate trial. In such a case, the subject of adjudication on appeal shall be determined by taking into

(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). Therefore, even if the Plaintiff appealed only to the ancillary Defendant Korea Water Resources Corporation, the primary Defendant is the Defendant.