분양신청무효확인
1. The action against the plaintiff's primary claim added in the trial shall be dismissed;
2. The plaintiff's conjunctive claim
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following determination as to the plaintiff's primary claim added in the court of first instance. Thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure
2. We examine, ex officio, whether the main claim part of this case is legitimate or not.
Where a party to a case which has been pending in a court has failed to institute the same lawsuit again and institutes the same lawsuit again notwithstanding the continuation of the lawsuit, such subsequent lawsuit becomes an unlawful lawsuit as it becomes a duplicate one.
(2) On May 25, 2017, the Plaintiff et al. filed a lawsuit seeking confirmation of invalidity of the instant management and disposition plan (hereinafter “prior lawsuit”) against the Defendant on February 1, 2016, under Article 8(2) of the Administrative Litigation Act and Article 259 of the Civil Procedure Act. On May 25, 2017, the Plaintiff et al. submitted a petition of appeal against the Plaintiff et al., and submitted the petition of appeal against the Plaintiff et al. to the court for the lawsuit pending the lawsuit, and all of the grounds for invalidation of the instant management and disposition plan asserted by the Plaintiff et al. in the preceding lawsuit are identical to the grounds for invalidation asserted by the Plaintiff et al. in the trial of the instant case.
According to such facts of recognition, the plaintiff et al. sought confirmation of invalidity of the whole management and disposition plan of this case including "the part on which the plaintiff et al. is designated as cash recipient" that is seeking confirmation of invalidation in the main claim of this case.