선택적･예비적 병합의 구별과 판결 및 상소에 따른 諸 問題

To tie up related claims can be economical and prevent the ruling from changing according to the court. Because of these advantages, our civil law provides for the merging of claims. The appearance is divided into simple merger, selective merger, and preliminary merger according to the degree of correlation, such as whether the merged claims are inseparably combined or incompatible relationship. The plaintiff, who is responsible for specifying the litigation, can either merge from the time of filing or merge during the litigation. However, there are many differences depending on what the merger of claims looks like. It is particularly concerned with whether the pleadings can be separated, whether only part of the judgment can be made, whether it is unlawful to do so, how to relieve the parties, and what is the scope of the appeal. However, it is difficult to simply distinguish the merger in the trial. The precedent does not provide a specific method of discrimination, although it should be judged according to the nature of the merger claim, not the plaintiff's intention. In this study, I have briefly reviewed selective merging and preliminary merging, and studied how to distinguish them. And depending on what each merge looks like, I examined whether arguments can be separated or whether some judgments are possible. And I examined how to remedy them in the case of missing judgments, and the scope of the judgment in the case of appealing the judgment. Especially with regard to the scope of judgment, I tried to investigate the appearance of the first judgment and all cases in which the plaintiff or defendant appealed.