1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The plaintiff filed a lawsuit against the defendant for the return of the lease deposit against Seoul Southern District Court 2006Kadan41703, which was sentenced to a favorable judgment on September 29, 2006, and the judgment on October 27, 2006 became final and conclusive. The defendant's failure to repay all of the claims and the compulsory execution could have completed ten-year extinctive prescription. Thus, the plaintiff asserts that the lawsuit of this case needs to be filed.

In a case where a party who has received a final and conclusive judgment in favor of the defendant files a lawsuit against the other party to the lawsuit again against the same claim as the previous suit in which the final and conclusive judgment in favor of the defendant has become final and conclusive, barring special circumstances, such as where the period of extinctive prescription of the claim based on the final and conclusive judgment has expired, the subsequent suit is unlawful as there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). Therefore, in order to complete the extinctive prescription of the plaintiff's claim based on the final and conclusive judgment against the defendant, it cannot be viewed

Therefore, the instant lawsuit is unlawful as there is no benefit in the protection of rights, and it is so decided as per Disposition without holding any pleadings pursuant to Article 219 of the Civil Procedure Act