1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Determination of whether the form of the court’s consolidation of the scope of adjudication is either selective consolidation or preliminary consolidation shall be based on the nature of the motion, not the intent of the parties, and the scope of adjudication in the appellate trial shall be based on such nature of the motion.

(see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). In a case where both claims relating to selective claims are brought in the form of a consolidation of primary and conjunctive claims, the so-called “an action for preliminary consolidation of claims” in which a party claims the priority and scope of the trial are limited to the order and scope of the trial. In addition, in a case where the primary claim is not wholly accepted, a lawsuit for preliminary consolidation of claims may be brought in an indivisible combination with the purport that it is possible to determine the preliminary claim within the scope of the amount not accepted from

(see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). In this case, the Plaintiff primarily dismissed the Defendant’s claim for restitution based on the lease agreement, the Plaintiff’s claim for delivery, and the claim for damages equivalent to monthly rent due to the delay of the duty to restore the original state, and the claim for damages equivalent to the non-performance of the duty to restore the original state. The first instance court partially accepted the claim for the part of the main claim and the preliminary claim for the remainder of the main claim (part of the part, e.g., e., the part).

Since the plaintiff and the defendant appealed against this, and the plaintiff did not appeal against the part of the claim partially dismissed, the scope of the judgment of this court is ① the collection of stone among the items listed in the attached Form 2 and the distribution of the copy of the attached Form 3 in the attached Form 1, 2, 3, 4, 5, and 6, ② the claim for damages equivalent to the monthly rent, ③ cultivation.