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1.The judgment of the first instance shall be modified as follows:
2. The part concerning the subrogation claim for return of unjust enrichment among the instant lawsuit is brought.
Reasons
1. Scope of adjudication of this court;
A. Selective consolidation of claims is a combination of claims seeking performance to the same purport or seeking the same formative effect based on the right to form several compatible claims. In the event of selective consolidation, one of the claims is subject to a condition subsequent to the acceptance of the same claim, and in the case of such selective consolidation, several claims are indivisible into one litigation procedure. As such, a partial judgment dismissing one of the selective claims is contrary to the nature of selective consolidation, and is not legally allowed.
However, the court of the first instance determined only one of the selective claims of the plaintiff and dismissed, and did not make any decision on the remainder of the claims, and so long as the plaintiff appealed against the judgment of the first instance, the whole selective claims of the plaintiff were transferred to the appellate court. Thus, the part of the claim that was not determined in the selective claims is not a omission of the judgment, and it is not deemed that the part of the claim that was not determined
(See Supreme Court Decision 96Da99 delivered on July 24, 1998). B.
The Plaintiff asserted at the complaint of January 24, 2017 that, in subrogation of C for the purpose of preserving the loan claims against C, the Plaintiff claimed that C exercise monetary claims against C in accordance with an agreement between C and the Defendant (hereinafter “claim”) and filed the instant lawsuit. The Plaintiff thereafter, in subrogation of C from the preparatory document dated November 14, 2017, exercised C and the Defendant’s right to claim restitution of unjust enrichment against C on the ground that the title trust agreement entered into with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the building and the site of D hotel between C and the Defendant (hereinafter “instant real estate”).