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(영문) 광주지방법원 2017.10.27 2017나52060
구상금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party who received the final and conclusive judgment in favor of one party files a lawsuit again against the other party to the previous judgment in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of ex

(2) According to the records, the Plaintiff filed a lawsuit against the Defendants on April 14, 2006 against the Gwangju District Court 2005Da74764, Jul. 17, 2012, and rendered a favorable judgment on July 4, 2002 by the above court, which became final and conclusive as of July 30, 202. The Plaintiff filed an application for the seizure of corporeal movables against the Defendants with title 2012No135 with the Gwangju District Court 2012No. 135, supra, and the Gwangju District Court 205Da74764, Jul. 17, 2012, the enforcement officer of the instant district court 2017 had the Defendants execute the seizure of corporeal movables against the Defendants on the ground that it was impossible to execute the said claims as well as the expenses for enforcement, even if the Defendants cashed the movables of corporeal movables, on the ground that the enforcement procedure had not been completed from 1601 to 2014.

Therefore, the plaintiff's lawsuit of this case constitutes a case where the statute of limitations expires.

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