When several claims have been selectively joined in the appellate court, the method of deliberation and the text of the appellate court judgment.

Where a plaintiff's claim is dismissed in the first instance, and the appellate court has selectively joined the plaintiff's claim after the plaintiff appealeds at the appellate court, the first instance court recognizes that several claims were selectively joined in the appellate court, and all of such claims are groundless, and the judgment of dismissing the claim is rendered, and the same as the case where the plaintiff appealeds, the court may select and examine any one of several joined claims, and the claim dismissed in the first instance court does not need to be examined first, and where the claim is deemed reasonable as a result of examining one claim, the court shall pronounce an order citing a claim deemed reasonable after cancelling

Articles 230 and 386 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

[Judgment of the court below]

Attorney Lee Jae-in, Counsel for the defendant-appellant

Seoul Civil District Court Decision 91Na29728 delivered on December 11, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. The court below found, based on evidence, that the defendant's sale of the apartment of this case that was sold by the Seoul Special Metropolitan City, if the apartment of this case was sold by a pre-sale, an interim registration is omitted, and the delivery of a letter to the final purchaser to complete the registration of transfer of ownership directly on the ground of the sale date on December 9, 1989, and that the plaintiff purchased the apartment of this case from the non-party on December 9, 1989 and obtained it from the non-party, and the above non-party was holding it. The court below held that in the process of the pre-sale of the apartment of this case, the agreement between the parties to the sale was made to omit the interim registration in sequential order between the defendant who was the first purchaser and the plaintiff who was the final purchaser. Thus, the judgment of the court below is justified, and there is no error of law of misunderstanding the facts due to the violation of the rules of evidence, such as the theory of lawsuit, without merit.

2. In a case where the plaintiff's claim is dismissed in the first instance court and the appellate court has selectively joined several claims after the plaintiff appealed, the first instance court recognized that several claims were selectively joined in the appellate court, and the judgment of dismissal was rendered, and the plaintiff appealed, the same as the case where the plaintiff appealeds, the court may select and examine any one of several joined claims, and the court does not need to first hear the claim dismissed in the first instance court, and in a case where the claim is deemed reasonable as a result of examining one of the claims, the court shall decide to revoke the judgment of the first instance which dismissed the plaintiff's claim,

According to the records, when the plaintiff filed a claim for ownership transfer registration on the ground that he purchased the apartment of this case from the defendant on December 9, 1989, but the judgment of dismissal was pronounced, the plaintiff appealed and purchased the apartment of this case from the non-party on the same day in addition to the above claim, and the plaintiff selectively joined the claim for ownership transfer registration on the ground that there was an agreement between the non-party and the defendant through the intermediate purchaser, including the above non-party. The court below first reviewed the claim dismissed at the court of first instance, and dismissed the plaintiff's appeal on the ground that the claim is without merit, and further ordered the court of first instance to accept the order

The judgment of the court below, which erred in the misapprehension of the legal principles of the method of trial as to selective claims, shall be examined prior to a claim that is deemed reasonable in the court of first instance, and thus, it is pointed out that the plaintiff's appeal was dismissed in the disposition. However, the court below examined selectively joined claims, and subsequently rendered a decision of the court below as to selective joined claims, and thus, the judgment of the court below as to the aforementioned selective joined claims is justified, and the above illegality is not affected by the judgment. The arguments are without merit.

3. Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sik (Presiding Justice)