Whether the appointed party is disqualified in a case where a partial action against the appointed party is withdrawn or the judgment becomes final and conclusive (affirmative)

The designated parties under Article 53 of the Civil Procedure Act shall be selected from among many persons having common interests. Thus, where a lawsuit on the designated parties is withdrawn or a judgment becomes final and conclusive, the designated parties shall be naturally disqualified.

Article 53 of the Civil Procedure Act

Seoul High Court Decision 201Na1448 decided May 1, 201

Defendant (Appointed Party) 2

Jeonju District Court Decision 2005Na6382 Decided April 28, 2006

The appeal is dismissed. The costs of appeal are assessed against the defendant (Appointed Party).

ex officio deemed.

Since the designated parties under Article 53 of the Civil Procedure Act should be selected from among many persons with common interests, the designated parties shall be deemed to lose their qualification as a matter of course in the event a joint interest relationship terminates due to the withdrawal of a lawsuit against the designated parties or the final judgment becomes final and conclusive.

According to the records, the plaintiff filed the lawsuit of this case against 8 persons including the defendant 1 and the defendant 2. The above 8 persons appointed the defendant 2 as the appointed party in the first instance trial and let them file the lawsuit, and the defendant 2 filed an appeal against the appointed party in the first instance trial only against the defendant 1. The defendant 2 filed an appeal against the appointed party in the first instance trial, and the part against the appointed party and the remaining appointed party in the first instance judgment is confirmed as they were, because they did not file an appeal. Accordingly, according to the above facts found in the first instance judgment, the part against the defendant 2 as to the appointed party in the first instance judgment became final and conclusive and the joint interest relationship with the defendant 2 as to the appointed party in the second instance judgment was extinguished, the defendant 2 (appointed party) lost the status of the appointed party to the defendant 1. Thus, the appeal of this case filed by the defendant 2 as the appointed party in the status of the appointed party against the defendant 1

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant 2. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)