청구이의
1. The Defendant’s decision on performance recommendation as of November 20, 2017 on the construction cost case No. 25633 against the Plaintiff of this Court.
As the decision on performance recommendation does not take place even if res judicata has become final and conclusive, the restriction is not applied to a lawsuit of demurrer against such decision based on the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). In a lawsuit of demurrer, the hearing of a claim may deliberate and determine all the claims indicated in the decision on performance recommendation. In such cases, the burden of proving the existence or establishment of the claim lies on the defendant in the lawsuit of demurrer against the claim.
However, the evidence submitted by the defendant alone is insufficient to recognize that the defendant actually carried out construction works such as cutting and suspending the land owned by the plaintiff, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.