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1. The part of the judgment of the court of first instance regarding the observer and P shall be revoked.
2. The AppointorO, P, and the Defendant among the instant litigation.
Reasons
1. The Plaintiff, through a preparatory document dated July 16, 2019, declared in the first instance court that the AppointorO and P will withdraw the lawsuit during the instant lawsuit. The fact that the above preparatory document was served on the Defendant on July 17, 2019. Nevertheless, the first instance court continued the trial on this part and subsequently dismissed all the lawsuits of the designated parties except the Plaintiff and the Appointor C, and dismissed the Plaintiff’s claims. The fact that the Plaintiff appealed is obvious in the record.
However, as long as there is no ratification, an unauthorized representative may withdraw a lawsuit filed by himself/herself, and even if the defendant has made a pleading on the merits of the lawsuit, it is not necessary to obtain his/her consent. According to the above facts of recognition, the part between the Appointor O and P among the lawsuit of this case and the defendant was terminated by the withdrawal of the lawsuit of this case on July 16, 2019.
2. Determination as to the defense prior to the merits (the part on the Appointed M/N’s claim among the lawsuits in this case)
A. Part of the Defendant’s designated parties did not know of the fact that the instant lawsuit was in progress, and A did not have been delegated by some of the designated parties.
B. It is evident that the remaining designated parties, except for the designated parties C, were not submitted to confirm that the designated parties were designated as the designated parties, and the court of first instance also requested the Plaintiff to submit materials verifying the intent of the designated parties, but the Plaintiff did not submit them.
Therefore, the part of the Plaintiff’s lawsuit regarding the remaining designated parties except for the Appointor C is not deemed to have been filed by their genuine intent or legitimate authority to file a lawsuit. As seen earlier, the part of the claim is terminated by the withdrawal of the lawsuit on July 16, 2019, and thus, the part of the lawsuit in this case.