1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The first instance court’s judgment on the scope of this court’s selective claims is dismissed based on only one of the selective claims of the plaintiff, and the decision on the remaining claims is unlawful. If the plaintiff appealeds against the judgment of the first instance court that was unlawful as such, so the whole of the plaintiff’s selective claims was transferred to the appellate court. Thus, the part of the selective claims, which was not determined among the selective claims, is not deemed to have been pending in the first

(Supreme Court Decision 96Da99 delivered on July 24, 1998). According to the records, the Plaintiff, at the first instance court, voluntarily withdrawn the conjunctive claim from the date of the second instance trial, on the ground that the Defendants participated in or acquire and keep stolens in the embezzlement of E.

② The Plaintiff, through a preparatory document dated April 23, 2018, maintained the purport of the claim as it is, and added and added the claim for damages arising from joint tort that the Defendants participated in evasion of compulsory execution E as an attack on the existing claim for damages. On the second date for pleading of the first instance trial, the Plaintiff added and added the claim for restitution of unjust enrichment on the premise that the Defendants constituted a person who has bad faith free of charge at the second date for pleading of the first instance

③ However, the first instance court only dismissed the claim for damages arising from joint tort, which is premised on the participation in embezzlement or acquisition and storage of stolen goods, and omitted the judgment on the remaining selective claimant’s claim for return of unjust enrichment, and the Plaintiff appealed.

According to the above facts, the plaintiff joined selective claims that fall under the separate subject matter of lawsuit by the cause of the claim in the first instance court to achieve one purpose, but the judgment of the court of first instance omitted the judgment on the part.