The judgment below is reversed, and the case is remanded to Busan District Court.

The grounds of appeal are examined.

1. The selective consolidation of claims is a combination of claims seeking a benefit to the same purport by a number of claims compatible, or seeking the same formative effect based on a right to form several compatible claims, on the condition that a claim be accepted, with the condition that a claim be accepted.

In the case of such selective consolidation, since multiple claims are indivisiblely combined with one litigation procedure, the dismissal of only one of the selective claims and the absence of any judgment on the other selective claims is unlawful.

(1) In cases where several claims are selectively joined in the first instance trial on October 26, 2017 (see, e.g., Supreme Court Decision 2015Da42599, Oct. 26, 2017). Not only where a defendant files an appeal, but also where a claim is selectively joined after the defendant filed an appeal to the appellate trial, the appellate court does not need to first examine and determine the claim cited in the first instance trial, and even where a claim is selectively joined after the appellate court rendered an appeal against the judgment accepting the plaintiff’s claim, the appellate court may arbitrarily select and judge the claim not tried in the first instance trial among several claims selectively joined, but even where it is recognized that the claim is well-grounded after the deliberation, the appellate court shall not dismiss the defendant’s appeal even in cases where the conclusion is identical with the text of the first instance judgment

(See Supreme Court Decision 2006Da7587, 7594 Decided April 27, 2006, etc.). 2. A.

The judgment below

According to the reasons and records, the following facts can be acknowledged.

1) In the first instance court, the Plaintiff filed a claim for damages arising from the Defendant’s tort and was sentenced to a judgment of forfeiture. 2) The Plaintiff filed an appeal against the judgment of the first instance, and thereafter filed a preparatory document on May 15, 2019.