1. The judgment of the court of first instance is modified as follows.

The Defendants jointly set forth the Plaintiff KRW 7,282,00 and that.

1. The first instance court’s determination and dismissal of only one of the selective claims by the Plaintiff, and the failure to make any judgment on the remainder of the claims is unlawful. As long as the Plaintiff appealed against the judgment of the first instance court that was illegal as such, the Plaintiff’s selective claims were transferred to the appellate court. As such, the part of the selective claims, which was not determined among the selective claims, is not deemed as having been pending in the court of first instance as they are,

(See Supreme Court Decision 96Da99 delivered on July 24, 1998, etc.). In addition, where only one of the parties to the judgment of the first instance that dismissed part of a single claim has lodged an appeal, only one of the parties to the judgment of the first instance, the entire claim that was the object of adjudication of the judgment of the first instance is indivisible, but the scope of adjudication of the appellate court is limited to the scope of appeal filed by the appellant among the parts in the appellate trial (see, e.g., Supreme Court Decision 2002Da67321, Apr. 11, 2003). With respect to this case, the Plaintiff selective against the Defendant C in the first instance trial, and the Plaintiff filed a claim for damages due to a tort, ② a claim for restitution due to the cancellation of a sales contract, ③ a claim for restitution of unjust enrichment due to the invalidation of a sales contract (hereinafter above claim) and each of the above claims constitutes a combination of several selective claims that seek the same payment based on multiple concurrent claims compatible with each other.

(2) However, the first instance court judged only the claim and accepted part of the claim against Defendant C, but omitted the decision as to the claim.

As the plaintiff appealed, not only ① but also ② the claim is transferred to the appellate court, but also the part against the plaintiff as to the claim.