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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 11, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration, and the Seoul High Court sentenced the Plaintiff to receive KRW 176,515,585 from the Defendant, at the same time, to implement the procedure for ownership transfer registration on September 12, 1996 and deliver to the Defendant the real estate listed in paragraph (9) of the attached Table with respect to each real estate listed in paragraphs 1 through 8 of the attached Table. The above judgment became final and conclusive.
B. After the judgment became final and conclusive, on May 1, 2013, the law firm name, the Plaintiff’s agent, notified the Defendant of the cancellation of the sales contract as of September 12, 1996 (hereinafter “instant sales contract”).
In addition, the Plaintiff kept documents necessary for the registration of transfer of ownership to law firm name and made preparations necessary for the registration of transfer of ownership. In addition, the Plaintiff notified that the instant sales contract will be cancelled as of the date of payment when the purchase price would be reduced until May 10, 2013 and the price would not be paid.
[Reasons for Recognition] The entry of Evidence No. 1-3, Evidence No. 2-1, and Evidence No. 4, and the purport of the whole pleadings
2. The plaintiff filed a claim of this case on the ground that the contract of this case was lawfully rescinded after the above final judgment. Thus, the defendant's defense of this case's lawsuit of this case goes against the res judicata of the above final judgment, without merit.
In addition, the defendant asserts that the lawsuit in this case should be dismissed as it goes against the prohibition of re-litigation, prohibition of disadvantage change, and good faith principle.
The prohibition of re-instigation of a lawsuit applies to cases where the lawsuit is withdrawn after the final judgment on the merits has been rendered, and the prohibition of disadvantageous alteration cannot be discussed in this case, which is the first instance court, and since there are no circumstances that the lawsuit in this case goes against the good faith principle, all
3. Matters concerning the merits.