1. The judgment of the first instance, including the claim of the succeeding intervenor following the succession participation at the trial.

1. Scope of trial and matters to be examined ex officio;

A. The court of first instance rendered a judgment dismissing the remainder of the Defendant’s counterclaims (a claim for submission of a warranty bond and a claim for simultaneous performance confirmation) among the Plaintiff’s main claim and the Defendant’s counterclaims.

With respect to the judgment of the court of first instance, the part against the plaintiff among the part on the counterclaim of the judgment of the court of first instance against the plaintiff among the part on counterclaim of the judgment of the court of first instance is the part on counterclaim of the judgment of the court of first instance against the plaintiff.

B. The intervenor of the matter to be examined ex officio was at the trial, and the plaintiff succeeded to the part concerning the main claim of the judgment of the court of first instance on the ground that he received a seizure and collection order against the plaintiff's main claim against the defendant.

If there exists a seizure and collection order, only the collection creditor may file a lawsuit for performance against the garnishee. The debtor lose the standing to file a lawsuit for performance against the claims subject to seizure, and the matters concerning the standing to be a party shall be examined and determined by the court ex officio at the time of the closing of arguments in fact-finding proceedings as related to the requirements for the lawsuit (see, e.g., Supreme Court Decision 2009Da85717, Feb. 25, 2010). If the plaintiff does not withdraw from the lawsuit but the plaintiff does not withdraw from the lawsuit, the plaintiff's claim and the succeeding intervenor's claim are valid as ordinary co-litigation, and the court shall decide on both the plaintiff's claim

(see, e.g., Supreme Court Decision 2002Da16729, Jul. 9, 2004). Accordingly, regarding the part concerning the principal lawsuit of the first instance judgment, the part concerning the principal lawsuit of the court of first instance may be included in the scope of the judgment of this court within the scope of matters to be examined ex officio following the Intervenor’s intervention in succession.

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