beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Where a legal relationship in the previous suit for which judgment ex officio becomes final and conclusive is in conflict with res judicata, and the prior legal relationship in the previous suit becomes the subject matter of the subsequent suit even if the subject matter of the prior suit is not the subject matter of the prior suit, the judgment of the final and conclusive judgment of the previous suit is the subject matter of the prior suit and the res judicata becomes effective as the subject matter of the subsequent suit. Thus, the parties cannot make
(see, e.g., Supreme Court Decision 98Da18155, Jun. 9, 200). The Plaintiff filed a lawsuit against the Defendant seeking confirmation that there is no obligation against the Defendant on the basis of the instant notarial deed and filed a judgment against the Defendant on December 5, 2014 (Case No. 2014Gahap2128, Jun. 5, 2014) which was sentenced to a judgment dismissing an appeal on October 14, 2015 (Case No. 2015Na649, Jun. 18, 2016). The fact that the Plaintiff was declared to dismiss an appeal on February 18, 2016 (see, e.g., Supreme Court Decision 2015Da66953, Feb. 18, 2016) and became final and conclusive has no dispute between the parties or is significant in this court.
Based on the above final judgment, the existence of the Plaintiff’s obligation against the Defendant based on the notarial deed of this case becomes final and conclusive. This is a preliminary question of the lawsuit of this case seeking the refusal of compulsory execution based on the notarial deed of this case, and res judicata has effect on res judicata. The Plaintiff cannot make any other assertion as to the existence of the obligation based on the notarial deed of this case, and the court of the first instance cannot make any other judgment.
Therefore, the plaintiff's assertion that there is no obligation based on the Notarial Deed of this case needs to be examined further.