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1. The Plaintiff within the scope of the property inherited from the net C:
A. Defendant (Appointed Party) and Appointed D are 43.
Reasons
Facts of recognition
Attached Form
The facts described in paragraphs 1 through 5 of the cause of the claim, and the facts that the defendant (Appointed Party), the appointed Party E, D, and F inherited the network C in 1/4 shares, the defendant (Appointed Party), the appointed Party E, D, and F filed a report on the inheritance-limited approval with the Seoul Family Court 2019Hun-Ba2564 and that the report was accepted on June 19, 2019, the facts that the report was accepted on June 19, 2019 are not deemed to have been integrated into evidence A (including each number), evidence A, and evidence B Nos. 1 through 5 (including each number), and 1 through 4, or there is no dispute between the parties.
Judgment
Since a final and conclusive judgment in favor of a party has res judicata effect, if the party who received the final and conclusive judgment in favor of the party files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the party, the subsequent lawsuit is unlawful as
However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.
Furthermore, in such a case, the judgment of the subsequent suit shall not conflict with the final and conclusive judgment in favor of the previous suit, and thus, the court of the subsequent suit cannot re-examine whether all requirements are satisfied to assert the established right.
(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018 (see, e.g., Supreme Court en banc Decision 2018Da22008). If the debtor delays the performance of interest accrued, he/she may claim damages for delay
(2) In cases where the obligor delays the performance of the obligation for damages for delay, the obligor may claim for damages for delay (see, e.g., Supreme Court Decision 2010Da35169, Sept. 9, 2010). In addition, even in cases where the obligor delays the performance of the obligation for damages for delay, the obligor is liable for delay from the time when the obligee receives a claim for performance of the obligation for damages for delay established (see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010).