부당이득금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
The Plaintiff asserts that part of the land compensation should be attributed to himself/herself, and that the fact that the Plaintiff filed a lawsuit seeking payment of KRW 98,900,00 with the Busan District Court Seo-gu 2018Gadan13552, which was subject to the final and conclusive judgment against the Defendants (hereinafter “final and conclusive judgment of a prior suit”) is no dispute between the parties.
The plaintiff wants to be paid KRW 40,000,00 as the same dispute content. The plaintiff again filed an application for conciliation against the defendants, thereby performing the lawsuit in this case, and the res judicata of the final and conclusive judgment in the previous suit should be avoided.
However, once a judgment becomes final and conclusive in civil procedure, res judicata has occurred that may no longer dispute the existence or non-existence of the claim, and in case where the losing party in the prior suit claims against the party in the prior suit the same subject matter of lawsuit against the party in the prior suit in conflict with the res judicata of the prior suit, the court is bound by the res judicata of the prior suit not to make a judgment inconsistent with the judgment (see, e.g., Supreme Court Decision 2010Da26035, Jun. 14, 2012). Therefore, the Plaintiff’s claim seeking a judgment inconsistent with the final and conclusive judgment in the prior suit is dismissed in all of the grounds without further review.