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1. Scope of the judgment of this court;

A. Subjective and 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, 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 and 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 cases, the subject of adjudication on an appeal shall be determined by taking into account the necessity of the unity of conclusion between the main and preliminary co-litigants and their parties.

(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). (B)

In the first instance court, the Plaintiff primarily sought the delivery of shares pursuant to the share purchase and sale contract and the transfer procedure for the said shares to Defendant B, and filed a claim for damages on the premise that the said purchase and sale contract was rescinded. The said conjunctive claim against Defendant B was filed in preparation for a case where the said claim against Defendant B is dismissed. Such form of lawsuit constitutes an conjunctive co-litigation of the Defendant pursuant to Article 70(1) of the Civil Procedure Act, where part of the co-litigants’ claim against other co-litigants is legally incompatible with that against other co-litigants.

C. The judgment of the court of first instance rejected the plaintiff's main claim and the conjunctive claim, and only the defendant B who lost the court of first instance filed an appeal against it, and the plaintiff did not file an appeal against the conjunctive claim dismissed.

In light of the above legal principles, Defendant B filed an appeal against the judgment of the first instance.