배당이의
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. Each claim by the Plaintiff (Appointed Party) against the Defendant.
1. Determination ex officio as to the legitimacy of the judgment of the first instance
A. According to Article 53(1) and (2) of the Civil Procedure Act, where a number of persons with a common interest does not constitute an unincorporated association, they may select a person to be a party for all of them. The appointed party shall not be a representative of the appointed party, but the appointed party shall not have the status of the party, and where the appointed party has been selected while the lawsuit is pending, the appointed party shall be deemed to have withdrawn from the lawsuit as a matter of course.
B. According to the records of this case, the Plaintiff and the Appointor B submitted the instant complaint to the court of first instance on January 10, 2018; the Appointor B submitted a letter of party appointment to the court of first instance on January 23, 2018; the instant warden served each of the Defendant and the co-defendants of the first instance court from January 30, 2018 to March 5, 2018; the facts that the court of first instance proceeded with the pleadings by treating the Appointor B as the party concerned; the court of first instance can recognize the fact that the Appointor B was written by stating the Appointer B as the Plaintiff.
C. According to the above facts, the instant complaint was served on the Defendant and the co-defendants of the first instance trial, and the designated parties B prior to the continuation of the lawsuit were appointed as the designated parties, and thus, the appointed parties B shall only have the status as the appointed parties, and shall not have the status as parties.
Nevertheless, it is against the law that the court of the first instance considers the plaintiff as a party who is the designated party B, and that the procedure of the first instance judgment is against the law.
Therefore, this court's decision of the first instance court against the defendant among the judgments of the first instance court, which legally raised and maintained an appeal, is against the law, Article 417 of the Civil Procedure Act, and Article 417 of the Civil Procedure Act (Revocation due to Violation of judgment procedure).