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1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On November 21, 2006, the Plaintiff sold to Defendant B the Gangwon-do Incheon-gun D & 887 square meters (hereinafter “instant land”). The Plaintiff informed Defendant C of his deposit account number, etc. and provided Defendant C to receive the balance of the public bond.
B. Defendant B acquired the collateral obligation of the collateral security established on the instant land, and paid the remainder of KRW 146 million to Defendant C.
C. Defendant C paid KRW 120 million to the Plaintiff out of the remainder paid by Defendant B, and the remainder of the remainder, out of KRW 26 million, repaid the interest on the secured debt, was paid to E in accordance with the agreement between E and the Plaintiff, which mediated real estate sale.
On April 2, 2008, the Plaintiff filed a lawsuit against Defendant B, which did not pay KRW 24 million out of the purchase price, and was sentenced to the Seoul Central District Court Decision 2007Kadan137148, which dismissed the Plaintiff’s claim on April 2, 2008. However, the appeal and appeal were dismissed in entirety, and became final and conclusive.
E. The Plaintiff did not receive KRW 24 million out of the real estate purchase price, and again filed a lawsuit against the Defendants as Seoul Central District Court Decision 201Kadan350092, but was sentenced to a judgment dismissing the Plaintiff’s claim on November 1, 2012. The Plaintiff appealed against this and the appeal was dismissed and finalized.
[Ground of recognition] Unsatisfy, Gap 1 through 3 evidence, Eul 1-1 through 3, Eul 2-1 (the same as Eul 1) and Eul 2-2, and the purport of the whole pleadings
2. The Plaintiff’s lawsuit of this case sought payment of KRW 24 million, which the Plaintiff had not been paid out of the price of the instant land to the Defendants, such as the king lawsuit.
This Court cannot make a different judgment in accordance with the res judicata effect of a prior suit in which the prior suit and the parties are identical to the prior suit and the subject matter of the lawsuit are established.
In the end, it is eventually.