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The judgment of the court below is reversed, and the case is remanded to the Seoul Eastern District Court Panel Division.
Of the Plaintiff’s appeal, this case.
Reasons
1. On June 24, 2013, the appeal on the part of the claim for damages or the claim for restitution of unjust enrichment as to the real estate (hereinafter “real estate 2”) listed in Appendix 2 List of Real Estate (Attachment 2 of the briefs as of June 24, 2013 is lawful.
In a case where the plaintiff filed an application for change of the cause of the claim to add multiple claims to the existing claim either selective or preliminary claim because it is not logically related to one another and purely simple or conjunctive claim, and thus, the court below accepted the application for change of the cause of the claim without taking measures such as exercising the right to command the lawsuit appropriately and making it corrected to the simple or preliminary claim.
Even if so, the form of the consolidation of claims can not be changed to a legitimate selective or preliminary consolidation relationship.
(see, e.g., Supreme Court Decision 2007Da354, May 28, 2009). Meanwhile, in a case where a new claim was added to the appellate court for the first time, the appellate court should judge the additional claim as the first instance court in substance. As such, the Plaintiff appealed against the dismissal of the existing claim by the first instance court, and in a case where the appellate court rejects all the claims added to the existing claim and the appellate court in entirety, the appellate court shall not simply indicate the order that “the Plaintiff’s appeal is dismissed.” In addition, the appellate court shall indicate the order that “the Plaintiff’s claim is dismissed.”
(See Supreme Court Decision 2004Da24083 Decided August 30, 2004, etc.). In addition, in a judgment, in order to clarify the court’s decision, whether there is any omission of judgment due to the fact that the conclusion is stated in the text of the judgment shall be determined by the entry in the text of the judgment, and if there is any omission of judgment, the part of the lawsuit shall be determined by the original judgment.