1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Determination on whether an appeal is lawful

A. In the first instance court, the Plaintiff filed a claim against the Defendant for the implementation of the procedure for change of the owner’s name regarding the building permit stated in the separate sheet (mark of building permit), and on September 3, 2018, which was after the closing of argument in the first instance court, filed an application for change of the purport of the claim to add the primary purport of claim seeking confirmation of ownership of real estate stated in the separate sheet as above, but it is obvious that the first instance court rendered a favorable judgment of the Plaintiff in whole as stated in

B. The Plaintiff may alter the purport or cause of the claim until the conclusion of pleadings is completed within the extent that the basis of the claim is not altered (Article 262(1) of the Civil Procedure Act). Since an appeal is seeking a change of revocation in favor of himself/herself against a disadvantageous judgment, in principle, an appeal against the entire winning judgment shall not be permitted (see Supreme Court Decision 96Da12276, Oct. 24, 1997). Whether a judgment is disadvantageous to an appellant should be determined at the time of the filing of the appeal based on the standard of the text of the judgment.

(See Supreme Court Decision 83Da515 delivered on October 25, 1983, and Supreme Court Decision 94Da21207 delivered on November 4, 1994, etc.).

The plaintiff's claim against the defendant in the first instance court is clear that it is a claim for the change of the name of the owner, and the res judicata is also limited to that part, and it is no matter how to file a separate lawsuit seeking the confirmation of ownership of the real estate stated in the attached real estate list, and the appeal of this case filed by the plaintiff who won the whole judgment in the first instance court does not have any interest in

2. The Plaintiff’s appeal is unlawful, and thus, it is so decided as per Disposition by the assent of all participating Justices.