1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. The court of first instance rendered a judgment dismissing the Plaintiff’s claim for damages against the possessor of a structure among selective claims against the Defendants, and did not render any judgment on the damages due to nonperformance. The Plaintiff appealed against the entire judgment of the court of first instance.

(However, the purport of the appeal is smaller than the purport of the appeal. The Plaintiff’s claim for damages against the possessor of the structure and the claim for damages due to non-performance of the obligation are different grounds for the claim, but if either one of the two claims is accepted, the Plaintiff can be deemed as a combination of selective claims and thus, the Plaintiff can be deemed as compatible with the objective of the claim. In the case of selective consolidation, several claims are indivisible in one litigation procedure. As such, the judgment dismissing only one of the selective claims is contrary to the nature of selective consolidation, and thus, is not legally allowed.

Therefore, the court of first instance judged only one of the selective claims of the plaintiff and dismissed, and did not make any decision on the remainder of the claims, and as long as the plaintiff appealed against the judgment of the first instance court, the whole selective claims of the plaintiff were transferred to the appellate court.

(see, e.g., Supreme Court Decision 96Da99, Jul. 24, 1998). Ultimately, a claim for damages due to the Plaintiff’s remaining selective claimant’s non-performance of obligation is subject to adjudication by this Court.

2. With respect to this part of the basic facts, the first instance judgment No. 4.

C. 2, 3, 4) 3, 4) 3, 5) , and 4 through 6 of the 4th 8 were the same as the pertinent part of the judgment of the first instance, except for the deletion of the “recognized facts between the Plaintiff and the Defendants,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. This.