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1. The instant lawsuit shall be dismissed.

Reasons

On June 29, 2011, the Busan District Court Branch of the Dong Branch of the Busan District Court rendered a final judgment on the claim for takeover amount claim (hereinafter “instant judgment”), and the Defendant asserted that “this case constitutes double litigation as the same content as this case is identical to this case,” and accordingly, the Defendant filed a lawsuit of demurrer against the Defendant on March 27, 2017 (this Court Decision 2017Ga3842) to the effect that “the refusal of compulsory execution based on the instant judgment is subject to the instant judgment” (this Court Decision 2017Ga3842), and the Plaintiff filed a lawsuit of demurrer against the Defendant on May 10, 2018. The Plaintiff’s appeal against the said judgment of the first instance court was pending, and following the Plaintiff’s appeal against the said judgment of the first instance court, the Plaintiff’s appeal to the appellate court (Seoul District Court 2018Na4994), and the Plaintiff’s appeal to the same effect as this case’s lawsuit was unlawful.