[민사소송법제692조결정에대한재항고][집10(3)민,124]
Where a specific succession of a subject matter has occurred prior to the closing of pleadings, the effect of res judicata or executory power of the final judgment on the other party.
If a specific succession of the subject matter of a lawsuit occurred before the closing of pleading, res judicata or executory power of the judgment shall not extend to the successor, but between the parties concerned, res judicata or executory power shall affect the judgment, and thus the application for substitute execution against the party who asserts that there was a succession of the subject matter of a lawsuit prior
Article 20 of the Civil Procedure Act
(i)a decoration of merit;
Seoul High Court Decision 61Ra655 delivered on February 3, 1962
I reverse the original decision.
The immediate appeal is dismissed.
The summary of the Re-Appellant's re-appellant's ground of appeal is that the order of the court below's order's assignment of ownership of the building in this case before the closure of argument in Seoul District Court's 3936 building demolition case between the Re-Appellant and the other party, which is an executory title of debt based on the application for substitute execution, was transferred to the non-party Park Jong-il and passed through the registration. Thus, if the person filed a claim for the removal of the house, the other party's application for the removal of the house is unreasonable, it is illegal that the court below's rejection of the application
The decision of the court below that judged that a specific succession of the subject matter of a lawsuit prior to the closing of argument does not extend to the successor, so the res judicata effect or executory power of the judgment shall not extend to him even if he legally succeeded to the subject matter of a lawsuit prior to the closing of argument. However, the other party to the case shall have res judicata effect or executory power of the above final judgment. As such, the other party to the case has no executory power of the above final judgment on the ground that he succeeded to the subject matter of a lawsuit prior to the closing of argument, which is the subject matter of the final judgment, before the conclusion of argument, the decision of the court below is justified and the decision of the court below is without merit, and there is no error of law by misunderstanding the subjective scope of res judicata effect or executory power of the final judgment and by misunderstanding the subject matter of the final judgment, which is the subject matter of the final judgment, and as long as it is sufficient to judge the subject matter of a lawsuit at the principal point of the case, the res judicata effect and executory power of the final judgment shall not be asserted against the non-party-party-party-party-appellant.
Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)