1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

The reasoning of the judgment of the court of first instance is as follows, except for the addition of "the judgment on the defense prior to the merits" to the plaintiff's assertion that the plaintiff added to this court, and therefore, it is identical to the ground of the judgment of the court of first instance.

The conciliation of the determination on the previous defense of the merits is established upon entry of the matters agreed upon between the parties in the protocol; the conciliation protocol has the same effect as the final and conclusive judgment, such as the protocol of judicial conciliation, and has the same effect as the protocol of judicial conciliation; thus, if the conciliation is concluded between the parties, the relationship of rights and obligations based on the legal relations

(See Supreme Court Decision 2005Da32814, 32821 Decided June 29, 2006). The same effect as the final and conclusive judgment recognized in such a protocol extends only to the judgment on the existence or absence of legal relationship which is a subject matter of a lawsuit (see Supreme Court Decision 95Da32273, Jan. 24, 1997). Thus, in a case where a case is referred to the conciliation and the conciliation is constituted under the conciliation, unless there are special circumstances, it should be recognized that the legal relationship becomes a subject matter of a lawsuit by being specified in the provisions of the conciliation or by being additionally stated after the claim is indicated in the protocol, and thus, the legal relationship which is a subject matter of a lawsuit pursuant to the contents of the

(See Supreme Court Decision 2006Da78732 Decided April 26, 2007). The defendant asserts that since the conciliation of this case was concluded, the plaintiff cannot file a claim for damages related thereto with the defendant.

The conciliation protocol of this case provides that "The defendant (the plaintiff of this case) shall withdraw a lawsuit claiming transfer of ownership from the conciliation intervenor (the defendant of this case) in receipt of the money stated in paragraph (4) and shall not bring the same lawsuit again."