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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts that since the plaintiff and the defendant's deceased father D had been 10 years prior to the death of October 2007, there was no normal decision making ability, the defendant's registration of transfer of ownership which was completed on the ground of gift from D with respect to the real estate of this case should be cancelled due to the invalidation of the cause of the transfer of ownership, around January 2006.
However, on January 8, 2016, prior to the filing of the instant lawsuit, the fact that the Plaintiff filed a lawsuit against the Defendant by asserting the same cause of claim and purport of claim under the Daegu District Court Residential Support 2016Gadan27, which had already been located in the Daegu District Court, does not conflict between the parties, or is significant in this court. Thus, the instant lawsuit is re-litigantd against the same case as the pending case and is prohibited pursuant to Article 2
Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.