1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. C Co., Ltd. filed a claim for reimbursement against the Defendant as the Cheongju District Court Branch Decision 2004Da3624 decided March 23, 2005, which became final and conclusive on April 16, 2005.

B. C Co., Ltd. shall be the Plaintiff on November 17, 2008.

A claim for judgment entered in the claim was transferred and notified to the defendant.

C. The plaintiff is the above A.

On February 1, 2012, the Cheongju District Court issued a seizure and collection order under 2012TTBT 131 by designating the judgment deposit claim as the claim claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Since a final and conclusive judgment in favor of one party has res judicata effect, where a person who is subject to res judicata effect of a final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit identical to the previous suit in favor of one party to the previous suit, the subsequent suit

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is a benefit in a lawsuit for the interruption of prescription.

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006). According to the above basic facts, since the above seizure was cancelled or the execution procedure was terminated after February 1, 2012, it is difficult to deem that the ten-year extinctive prescription period has expired as of the date of the closing of argument in the instant case.

Therefore, the instant lawsuit is unlawful because there is no benefit of protection of rights.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.