The order of judgment in the case of preliminary consolidation of claims

In a case where a party claims a consolidation of the main claim and the conjunctive claim in a lawsuit, the court should first examine and determine the conjunctive claim only after the hearing and determination of the main claim, but only when it is rejected as there is no reason.

Article 230 of the Civil Procedure Act

Supreme Court Decision 4291 civilianSang793 Decided October 15, 1959

Plaintiff 1 and four others, Counsel for the defendant-appellant-appellee

Head of the Jeonju Tax Office

Gwangju High Court Decision 85Gu8 delivered on November 28, 1985

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

We examine the grounds of appeal.

The judgment of the court below rejected the lawsuit by Plaintiffs 2, 3, 4, and 5, and the plaintiffs 1' claims are dismissed. The plaintiffs 2, 3, 4, and 5's claims are stated in the description of the claim. The plaintiffs 2, 3, 4, and 5's main lawsuit by plaintiffs 2, 3, 4, and 5 were not properly followed, and the plaintiff 1's claims are illegal, and there is no evidence to acknowledge them. The plaintiff 1's claims are dismissed, and the plaintiff 1's claims are dismissed. According to the records, according to the records of the court below, the plaintiffs' legal representative stated in the second date for pleading ( April 15, 1985), the plaintiff 2, 3, 4, and 5's main claim as the main preliminary claim, and the plaintiff 2, 3, 4, and 5's conjunctive claim as the main claim, and the court below determined the plaintiff 1's claim to revoke the tax disposition.

However, in a case where the parties jointly claim the main claim and the conjunctive claim in a lawsuit, the court shall first deliberate and decide on the main claim after the date of the first hearing and determination, and only when it is rejected as it is without merit, the judgment of the court below shall make a determination on the conjunctive claim. Accordingly, the judgment of the court below cannot be said to have committed an error of law by misunderstanding the legal principles as to the adjudication procedure on the main claim and the conjunctive claim, since it cannot be said that the judgment of the court below erred by misapprehending the legal principles as to the adjudication procedure on the main

Therefore, without examining other grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the Gwangju High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating judges.

Justices Yellow-ray (Presiding Justice)