1. The part concerning the counterclaim in the judgment of the first instance shall be revoked;

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

1. In a case where both claims relating to the selective claims are brought by the parties in the form of the primary and conjunctive claims, a lawsuit may be brought to the effect that the parties are entitled to a lawsuit to join the conjunctive claims, which is limited to the order and scope of the trial. In a case where the primary claims are not wholly accepted, a lawsuit may be brought to the effect that the primary claims may be brought to the effect that they are judged within the scope not cited in the primary claims.

On the other hand, the judgment which rejected the main claim but did not determine the conjunctive claim is unlawful in violation of the purpose of the preliminary consolidation system, and the part of the conjunctive claim for which the judgment was omitted is also transferred to the appellate court (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). In this case, the health class, the Defendants filed a counterclaim at the first instance court, and filed a claim for ownership transfer registration on the ground of the completion of the prescription period for possession acquisition.

Since the above claims are not compatible in their nature and they are substantially selective mergers, the Defendants filed a lawsuit by combining both claims with the purport that they would make judgment on the conjunctive counterclaim within the scope not accepted if the primary counterclaim is not fully accepted.

However, the first instance court did not render any judgment on the conjunctive counterclaim by dismissing part of the conjunctive counterclaim claim against the nature of the conjunctive consolidation, and only the Defendants appealed on the counterclaim part among the judgment of the first instance court. Thus, the scope of the trial of this court is limited to the counterclaim part of the judgment of the first instance, but the part of the conjunctive counterclaim claim which the judgment of the first instance court did not judge is reversed.