From January 22, 2017 to July 11, 2017, the part of the lower judgment against the Plaintiff is calculated by the ratio of 22 million won per month.

The grounds of appeal are examined.

1.(a)

In order to clarify a litigation relationship within the scope not contrary to the principle of pleading, a court shall, in case where there exists any legal matter clearly unreasonable or misleading by the parties, or where the allegations of the parties exist in terms of the legal point of view, incomplete or contradictoryly, ask the parties to question and urge them to testify. If a court seeks to determine the propriety of a claim on the grounds of a legal point of view which the parties are not aware of or have not anticipated at all, the court shall give the parties an opportunity to state their opinions regarding such

(Supreme Court Decision 2006Da50338 Decided September 11, 2008, and Supreme Court Decision 2015Da11984 Decided September 26, 2017, etc.) B.

The selective consolidation of claims is a form of a consolidation seeking adjudication on a number of claims on the condition that a claim will be accepted in a case where a claim is based on the same purport, or where a claim is based on the right to form several compatible claims, or seeks the same formative effect based on the right to form several compatible claims.

In the case of selective consolidation, several claims are indivisiblely combined with one litigation procedure, so some judgment dismissing only one of the selective claims is not allowed by law against the nature of selective consolidation.

Therefore, in case of citing one of the claims related to selective consolidation, it is not necessary to determine the other claim, but to dismiss only one of the selective claims and not make any decision on the other claim is unlawful.

(see, e.g., Supreme Court Decisions 96Da99, Jul. 24, 1998; 2015Da42599, Oct. 26, 2017). 2. The lower court: (a) on August 1, 2012, the Plaintiff leased the building owned by the Plaintiff to the Defendant with a deposit amount of KRW 60 million, monthly rent of KRW 22 million, and period of KRW 36 months; and (b) the lease contract after the expiration of the period.