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1. The appeal by the plaintiff (appointed party) shall be dismissed;
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Whether the appeal is lawful;
A. The designated parties under Article 53 of the Civil Procedure Act should be selected from among many persons who have common interest. Thus, in the event a lawsuit on the designated parties is withdrawn or a judgment becomes final and conclusive, the designated parties shall be deemed to lose their qualification as a matter of course.
(See Supreme Court Decision 2006Da28775 Decided September 28, 2006). B.
According to the records, the following facts are recognized.
(1) The Plaintiff (Appointed Party) and six persons, including the Plaintiff (Appointed Party), B, C, D, E, and F, appointed the Plaintiff (Appointed Party) as the appointed Party and had them file a lawsuit in the first instance trial.
(2) On July 4, 2012, the court of first instance rendered a judgment that partly accepted the claim of the Plaintiff (Appointed Party). The Plaintiff (Appointed Party) filed an appeal only against the part against the Appointed Party B in the judgment of first instance, and the part against the Plaintiff (Appointed Party) and the remaining designated parties was final and conclusive in the judgment of first instance as it did not file an appeal.
C. According to the above facts of recognition, since the part of the judgment of the court of first instance as to the Plaintiff (Appointed Party) was determined as it is and the joint interest between the Plaintiff (Appointed Party) and the other designated parties is extinguished, the Plaintiff (Appointed Party) lost the status of the designated parties to B, the instant appeal filed by the Plaintiff (Appointed Party) as to B is unlawful.
2. In conclusion, the appeal of this case by the Plaintiff (Appointed Party) is unlawful and thus, it is so decided as per Disposition.