처분권주의 위반과 상소의 이익 - 승소한 원고의 상소이익을 중심으로 -

The question is whether the winning plaintiff can appeal on the grounds of violation of the principle of disposition. It is a question of whether the winning plaintiff is recognized as having the benefit of appeal. In the case of a judgment that violates the principle of disposition, it is not easy to determine whether there is a formal or substantial disadvantage to the winning plaintiff because the subject matter of the application and the text are different or the text includes a part that is not in the application. In such cases, there is an opinion that benefit of appeal can be recognized to the winning plaintiff in itself because there is a serious illegality of violation of the principle of disposition. However, even in the case of violation of the principle of disposition, benefit of appeal should be judged in accordance with the purpose and intent of the appellate system, which is to provide relief from an unfavorable trial. From this perspective, the benefit of appeal may be recognized when a court decision that is violating the principle of disposition is substantially disadvantageous to the winning plaintiff. When examining the types of violations of the principle of disposition, if the qualitative identity of the application and the text is not recognized, then even if the plaintiff wins, it can be seen as disadvantageous in that the plaintiff is bound by the court's judgment on a subject matter that the plaintiff did not applied for. In this case, the plaintiff may be granted the benefit of appeal. On the other hand, if the text exceeds the quantitative upper limit compared to the plaintiff's application, the text does not lack anything compared to the application, and since the portion that exceeds the request can be waived from execution if the plaintiff does not want it, it cannot be considered that there is a substantial disadvantage to the plaintiff. Therefore, in this case, benefit of appeal should not be grated to the plaintiff.