청구의 양립과 예비적 병합 - 대법원 2014. 5. 29. 선고 2013다96868 판결을 소재로 -

초록

The Supreme Court of the Republic of Korea recently decided (2013DA96868 ruled in 29th,May, 2014), whether a consolidation of lawsuits is preliminary or selective depends on the characteristic of the consolidation of lawsuits, away from the intention of the concerned parties. The original instance of this ruling said, if only the defendant appeals the first instance's judgment of which the main lawsuit was rejected but the preliminary part was accepted, the court of appeal shall adjudicate only the latter part. In this regard, I analysis this Supreme Court case in my own perspective including the criteria to qualify the consolidation of lawsuits (whether compatible lawsuits can be applied to court as preliminary consolidation of them).

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