토지인도
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous 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 period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit
(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.). The Plaintiff filed a lawsuit against the Defendant regarding the same subject matter of lawsuit as the instant claim (U.S. District Court Decision 2008Da27239) and was awarded a favorable judgment on December 30, 2008, and the said judgment was finalized on February 26, 2009.
(A) The Plaintiff’s assertion that the Defendant had been contacted with the Defendant to repay the debt in installments at several times from October 1, 2013 to October 21, 2016 (see, e.g., Supreme Court Decision 2009Da1548, Oct. 22, 2016). Meanwhile, even if the Plaintiff’s claim was made, the Defendant had been informed that he/she had been given a partial repayment of the claim for the said judgment at several times from October 1, 2013 to October 21, 2016, the lapse of the ten-year statute of limitations as of the date of the closing of the instant argument cannot be deemed to have been imminent as of August 7, 2019.
Therefore, since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.