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(영문) 대전지방법원 2015.03.20 2014나105538
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The defendant filed a lawsuit against the defendant, who is the spouse of the plaintiff's de facto marriage, claiming that he had already discarded his property against the defendant, and then rejected the judgment of the court of loss. The lawsuit in this case was brought on the ground of the plaintiff in order to avoid the validity of the prohibition of re-litigation, and the plaintiff also filed a lawsuit against the defendant by asserting that he was the owner of the property in this case and asserting that he was the owner of the property in this case is an act contrary to the principle of good faith. Thus, the lawsuit in this case filed by the plaintiff is unlawful due to abuse of the right of lawsuit, since it is against the principle of good faith.

In full view of the overall purport of the arguments in the evidence Nos. 2 and 3, the court below's appeal against the defendant, asserting that Eul voluntarily discarded its own property owned by the defendant, and that the defendant filed a lawsuit against the defendant for the payment of damages under the Hongsung Branch Court of Daejeon District Court 2012 Ghana 1140, which was sentenced to the judgment against November 9, 2012, and that "B shall withdraw the above lawsuit, and the defendant shall consent to the withdrawal, and the total costs and expenses for the conciliation shall be borne by himself/herself," and thus the decision in lieu of the above conciliation becomes final and conclusive on May 7, 2013. However, unlike the previous lawsuit brought by the plaintiff in the lawsuit in this case, the plaintiff asserted that the owner of the property was his/her own property and the party who has the right to claim damages is different from the previous lawsuit in this case, and even if the plaintiff asserts that his/her own property is owned by him/her, the plaintiff shall have the right to claim damages against the principle of good faith.

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