1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(2) In light of the purport of the argument in Gap evidence No. 1, 2005Da74764, Apr. 14, 2006, the plaintiff filed a lawsuit against the defendants as to the claim for the amount of acquisition under the Incheon District Court 2002Gahap9550, Jun. 11, 2003. The above court rendered a judgment as to June 11, 2003, which is identical with the purport of the purport of the claim, and such judgment can be recognized as final and conclusive, and it is apparent that the plaintiff filed the lawsuit in this case seeking the claim based on the previous winning judgment on May 31, 2016, which is obvious after the lapse of 10 years from the date the above judgment became final and conclusive, and there is no assertion or proof as to the suspension of the extinctive prescription of the claim for the amount of acquisition based on the previous winning judgment.

Thus, the lawsuit of this case is identical to the previous judgment in favor of the Supreme Court, and it does not constitute an exceptional case where there is a benefit of lawsuit due to the interruption of extinctive prescription of a claim based on a final judgment.

Therefore, the instant lawsuit is unlawful and thus dismissed, it is so decided as per Disposition.