1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The first instance court’s judgment on the scope of this court’s selective claims is dismissed based on only one of the selective claims of the plaintiff, and the decision on the remaining claims is unlawful. If the plaintiff appealeds against the judgment of the first instance court that was unlawful as such, so the whole of the plaintiff’s selective claims was transferred to the appellate court. Thus, the part of the selective claims, which was not determined among the selective claims, is not deemed to have been pending in the first

(Supreme Court Decision 96Da99 delivered on July 24, 1998). Whether the form of consolidation is either selective consolidation or preliminary consolidation ought to be determined on the basis of the nature of the claim rather than the intent of the parties.

(Supreme Court Decision 2013Da96868 Decided May 29, 2014). The record reveals the following.

① The Plaintiff asserted at the initial complaint as the cause of claiming a claim for restitution of unjust enrichment, and added the claim for damages based on a tort to the preparatory claim through each preparatory document dated April 30, 2018 and October 30, 2018.

② The above two claims are aimed at achieving the same purpose as the repayment of the provisional contract amount in this case, and if a certain claim is extinguished by repayment, the remaining claims are also extinguished at the same time on the ground of the achievement of the objective, and thus, the selective consolidation relationship seems to exist.

③ However, the first instance court only rejected the claim for return of unjust enrichment, omitted judgment on the remaining selective claimant's claim for damages, and appealed by the Plaintiff.

According to the above circumstances, the plaintiff was merged with selective claims that fall under separate subject matter of lawsuit by the cause of the claim in order to achieve one objective in the court of first instance, but the judgment of the court of first instance is unlawful by omitting judgment on the part.

As long as the plaintiff appealed against this, the claim which was omitted.