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1. The plaintiff's claims against the defendants are all dismissed.
2. All the costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Plaintiff’s request
A. The ground for the plaintiff's claim can be summarized as follows.
1) From February 23, 1976 to February 25, 1976, G and Defendant B drafted a sales contract by force, and the Plaintiff revoked the said sales contract. (2) The sales contract of KRW 26 million, which is the object of the claim security, was forged. The sales contract of KRW 46 million, which is the object of the claim security, was paid by G until December 31, 1979, was appropriated for payment of KRW 46,430,620 to KRW 46,620, which is the object of the claim security.
B. Based on the above assertion, the Plaintiff filed a claim against the Defendants on the following grounds: (i) the delivery of the real estate listed in the attached Table 2 real estate list; (ii) damages equivalent to the rent of KRW 4.6 million from January 1, 1980 to the above delivery date; (ii) the sales contract of KRW 46 million on February 24, 1976, and the list of KRW 26 million; (iii) the confirmation that the list is invalid; and (iv) the confirmation that the real estate listed in the attached Table 2 list is owned by the Plaintiff; and (v) the confirmation that the real estate listed in the attached Table 2 list is owned by the Plaintiff on December 31, 1979.
2. Determination
A. It is insufficient to recognize each of the above arguments by the Plaintiff even based on all evidence submitted by the Plaintiff in the instant case and witness H’s testimony.
B. A claim for extradition, a claim for unjust enrichment equivalent to rent, and a claim for confirmation of ownership is contrary to the judgment of the Seoul Central District Court 2008Gahap86602 claim for restoration of ownership transfer registration of real estate and res judicata effect of the judgment of the Seoul Central District Court 94Gahap47846 case for cancellation of ownership transfer registration.
The Plaintiff filed a lot of lawsuits against G and Defendant B and the lessee of each of the above real estate by asserting the same facts as the instant claim, and was sentenced to dismissal or dismissal.
Among the claims in this case, there are parts that are different in the sense that the previous final judgment and the subject matter of lawsuit are strict and are not directly applied to the res judicata.
Even on the basis of such facts.