상소의 일부 취하 - 대법원 2017. 1. 12. 선고 2016다241249 판결 -

Abstract

Supreme Court Decision 2016Da241249(decided on January 12, 2017) deals with the issue whether partial withdrawal of an appeal is valid or not. The Supreme Court says that partial withdrawal of an appeal is invalid and it has only the effect to abbreviate the extent of appeal. This decision is the first Supreme Court judgment on that issue, and is premised on the principle of appeal impartibility. Common view is that the principle shall also be applied to simple consolidation of claims. Many precedents(such as 66Da711, 92Da14892, 94Da3063, 94Da2979, 94Da4644, 94Da1487, 99Da30312, 2000Da9048, 2009Da35842) are same as common view. Civil Procedure Act article 403 stipulates “an appellee may file an incidental appeal not later than a conclusion of the pleadings, even after the right to appeal has been extinguished.” And the act article 406 says “the court of appeals may, upon motion of the parties, issue by its ruling a provisional execution order concerning the portion of the judgment in the first instance against which no appeal has been made.” Those clauses are premised on the principle of appeal impartibility. I consent to the common view and the above decision pursuant to that view.