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(영문) 대전지방법원천안지원 2020.09.23 2020가단107359
임대차보증금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

We examine ex officio the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party who received the final and conclusive judgment in favor of one party files a lawsuit again against the other party to the previous judgment in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of ex

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.). Regarding the instant case, the health care unit against the Defendant, and the Plaintiff filed a lease deposit lawsuit against the Defendant and received a favorable judgment from the said court on February 19, 2010. The said judgment became final and conclusive on March 9, 2010, and the fact that the Plaintiff filed the instant lawsuit on April 29, 2020, which was ten years after the said final and conclusive date, is apparent in the record.

Therefore, since the lawsuit of this case is unlawful because there is no benefit in the protection of rights to seek an extension of prescription, it is so decided as per Disposition.

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