1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. The allegations and judgment of the parties

A. The plaintiff's assertion that the plaintiff filed a lawsuit against the defendant against Busan District Court Decision 2006Da748574, which sought the acquisition amount, and the judgment was finalized around that time after the winning decision was rendered on May 8, 2007 (hereinafter "previous judgment"). The plaintiff asserts that the plaintiff filed the lawsuit of this case after the extinctive prescription of the claim based on the previous judgment has arrived.

B. Determination ex officio, examining the legality of the instant lawsuit, and only if it is obvious that the ten-year period of claim based on the final and conclusive judgment has expired, the lawsuit for the interruption of extinctive prescription has interest in the lawsuit (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The previous judgment had taken place against the Defendant as a service by public notice, and the Defendant filed an appeal against the previous judgment on March 3, 2017 (Dasan District Court Decision 2017Na2295, Sept. 14, 2017). The final judgment became final and conclusive on October 11, 2017, and the previous judgment became final and conclusive in this court, and thus, there is no benefit in the lawsuit of this case brought for the interruption of extinctive prescription due to the lack of benefit in the lawsuit of this case.

2. Thus, the lawsuit of this case is dismissed as unlawful.