beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 8, 2007, the Plaintiff filed a lawsuit against the Defendant claiming the implementation of the procedure for ownership transfer registration on the real estate listed in the separate sheet (hereinafter “instant land”) by the Seoul District Court 2007Gadan698, which was based on the purchase and sale on December 26, 1996.
Then, on July 19, 2007, the mediation was made to the Plaintiff on December 26, 1996 that “the Defendant shall implement the procedure for ownership transfer registration on the instant land on the ground of sale and purchase” (hereinafter “instant mediation”), and accordingly, the mediation protocol was prepared.
[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including a paper number), the purport of the whole pleadings
2. Ex officio determination as to the legitimacy of the instant lawsuit
A. 1) If a debtor has already filed a lawsuit against a third party debtor prior to filing a lawsuit against the third party debtor on behalf of the debtor by subrogation, and if the debtor's creditor is still pending in the lawsuit, claiming the claim, and the cause of the claim, both lawsuits are identical in substance even if the parties are different, and thus, the lawsuit brought by the debtor is in conflict with the prohibition provisions of double lawsuit under Article 234 of the Civil Procedure Act (see, e.g., Supreme Court Decision 94Da29256, Apr. 14, 1995). 2) The copy of the plaintiff's complaint of this case was served on the defendant on June 8, 2017, and the plaintiff's creditor promotion savings bank corporation filed a claim against the plaintiff for the transfer registration procedure for ownership transfer on the land of this case against the defendant, and the copy of the complaint was served on the defendant on April 27, 2017.
Therefore, the conciliation of this case is to implement the procedure of ownership transfer registration for the land of this case on December 26, 1996.