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(영문) 수원지방법원 안산지원 2018.02.07 2017가단13861

임대차보증금(시효연장)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff's assertion is as follows. The plaintiff's argument is as to the legitimacy of the lawsuit of this case ex officio.

Where a party who has received a final and conclusive judgment in favor of the relevant legal doctrine files a lawsuit again against the other party of the previous suit against the same claim as that of the final and conclusive judgment in favor of the former suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year lapse period of the claim based on the final and conclusive judgment has expired

In light of (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). In light of the foregoing, the Plaintiff filed the instant lawsuit at the expiration of the ten-year extinctive prescription period from the date when the judgment in favor of the Plaintiff became final and conclusive, and it is evident that the ten-year extinctive prescription period of the Plaintiff had elapsed from the date when the judgment in favor of the Plaintiff was rendered final and conclusive, and notwithstanding the name of this court, the Plaintiff did not assert the grounds for exceptionally allowing the benefit of the lawsuit despite