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(영문) 서울고등법원 2017.07.20 2016나208688
종중원지위확인청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court shall explain this part of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except in addition to the following Paragraph 2 between the 4th and 12th of the judgment of the court of first instance, and the 4th "decision on the cause of claim" of the 12th of the 4th judgment is used as the "decision on the cause of claim". Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional part 3. Determination on the main defense

A. The key point of the defendant's assertion was that the above judgment was rendered against the defendant after receiving a lawsuit seeking confirmation of the status of a clan member, and thus, the lawsuit of this case is unlawful as it goes against the res judicata effect of the above final judgment.

B. Since res judicata of a final and conclusive judgment on the relevant legal doctrine affects a judgment on the existence of legal relations asserted as a subject matter of a lawsuit, the same party’s filing of a subsequent suit on the same subject matter of a lawsuit between the parties is not permissible as it conflicts with the res judicata of the final and conclusive judgment

In addition, in a subsequent suit as to the same subject matter of lawsuit, seeking a judgment inconsistent with the existence or absence of the legal relationship determined in the final and conclusive judgment by asserting the means of offence and defense that existed prior to the closing of argument in the prior suit is contrary to res judicata of the final and conclusive judgment in the prior suit, and is not asked whether the parties were negligent in not knowing the said means of offence and defense in the prior suit.

(See Supreme Court Decision 2011Da49981 Decided March 27, 2014). C.

Facts of recognition

1) 35 persons, including the plaintiffs, of this case, are 35 persons against the defendant on August 29, 2008, the Suwon District Court Decision 2008Gahap3031 decided to confirm the status of clan members (hereinafter "the relocation of this case").

B as the cause of the claim, I set up ‘I City S 17 years old descendants U, V, and Q Q's descendants as O and W form a clan similar organization in Pyeongtaek-si N.

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