청구이의
1. Of the instant lawsuit, the part of the claim objection raised in the trial (including the claim for the suspension of compulsory execution) shall be dismissed.
1. The grounds for this court’s entry in this part of the underlying facts of the claim are the same as that of “I. Progress progress of the case” in the reasoning of the first instance judgment, except that the grounds for this court’s entry in this part is referring to “F” as “F”, and therefore, they are cited in accordance with the main sentence of Article 420
2. Determination as to the legitimacy of the lawsuit of demurrer among the lawsuit of this case
A. Article 267(2) of the Civil Procedure Act provides that “The person who withdraws the lawsuit after the final judgment on the merits has been rendered shall not institute the same lawsuit.”
Meanwhile, in the appellate trial, the appellate court withdraws the purport and cause of the claim in the first instance trial, and the alteration of the new purport and cause of the claim in the appellate trial shall be deemed to be an exchangeal alteration of the claim, and in case where the lawsuit is mutually altered in the appellate trial, the previous claim shall be
(See Supreme Court Decision 68Da1798 delivered on May 27, 1969, and Supreme Court Decision 2007Da83908 delivered on February 26, 2009). (2) In the instant case, the health department, the Plaintiff brought a lawsuit of demurrer against the Defendant at the first instance court, and lost it after which the Plaintiff brought a lawsuit of demurrer against the Defendant, and the purport of the claim is changed in exchange for the purpose of claiming the return of unjust enrichment and the payment of damages for delay from the claim objection raised in the first instance trial after the Plaintiff appealed against it and filed an appeal against it, and the fact that the part of the claim objection identical to the original first instance trial was added as the purport of the claim is clear
Therefore, the part of the Plaintiff’s lawsuit of demurrer (including the part of the claim for suspension of compulsory execution) constitutes a case in which the Plaintiff withdraws the lawsuit of demurrer following the exchange change of the lawsuit after having received a final judgment on the merits, and thereafter re-instigations the lawsuit, and thus, is unlawful as it goes against the principle of prohibition of re-instigation under Article 267(2) of the
The part demanding a suspension of compulsory execution shall be when the court of the lawsuit declares a judgment on the merits in accordance with the purport under Article 47 of the Civil Execution Act.