1. Revocation of a judgment of the first instance;

2. Of the instant lawsuit, “verification of invalidity of a real estate lease agreement” as of January 4, 2016.

1. The structure of litigation and the scope of adjudication;

A. Since there is no logical relationship, filing a claim for consolidation of several claims to purely simple or conjunctive claims is not allowed as unlawful.

If the plaintiff files a lawsuit in the same form, in order for the court of first instance to deliberate and determine the merits of the lawsuit, it shall exercise the right to command the lawsuit properly and have the plaintiff correct it as a simple consolidated claim.

Without taking such measures, the court rendered a judgment on the merits and rendered a judgment on the merits only for one of them, and accepted them, and omitted all of the hearings and judgments on the remaining claims.

Even if so, the form of the consolidation of claims cannot be changed to a legitimate selective or preliminary consolidation relationship.

Where only the defendant has lodged an appeal against such a judgment, only the claim cited by the court of first instance after a trial and determination is the appellate court, and any other claim that has not been tried and determined remains in the first instance court (see, e.g., Supreme Court Decision 2005Da51495, Dec. 11, 2008).

In the first instance trial, the Plaintiff asserted that the Plaintiff and the Defendant prepared a written consent as of June 19, 2016 in the process of concluding a lease agreement and arranging the lease agreement on January 4, 2016, and sought confirmation of the invalidity of the lease agreement and confirmation of the invalidity of the written consent as the primary claim.

However, even if the agreement is written in the process of arranging the lease contract, it is a separate legal act to be concluded with a different point of time from the contract for the lease contract. The conclusion of the agreement is not logically incompatible as to the invalidity of the lease contract and the invalidity of the agreement. Therefore, the conclusion of the agreement is not null and void on the ground that the agreement is valid.

Invalidity of a lease agreement.