1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff filed a claim against the Defendants, a co-owner, for the division of 43,819 square meters of forest land in Seocheon-gun, Chungcheongnam-do (hereinafter “instant land”) as stated in the purport of the claim.

B. The Defendants filed a lawsuit seeking partition of co-owned property (hereinafter “instant lawsuit”). At the conciliation date on March 8, 2011, the conciliation date between the Plaintiff and the Defendants’ agent as the Plaintiff and the Defendants’ agent, pursuant to the reasoning that the instant lawsuit goes against the res judicata of the previous protocol of conciliation and thus unlawful, the Defendants’ defense was examined as to the following: (a) the Plaintiff did not dispute between the parties; and (b) the Plaintiff filed a lawsuit seeking partition of co-owned property against the Defendants, co-owners by dividing the instant land (hereinafter “instant lawsuit”); (c) on the conciliation date on March 8, 2011, the Plaintiff and the Defendants’ agent pursuant to the attached Form 2, 14, 13, 12, 11, 10, 9, 8, 1, and 2: (d) the Defendants owned the attached Form 26,96m2, 3,4,5, 6, 7, 81, and 15m2.

Mediation shall be concluded by entering the matters agreed between the parties in the protocol, and the protocol has the same effect as the final and conclusive judgment, such as the protocol of judicial conciliation

(See Supreme Court Decision 2005Da32814, 32821 Decided June 29, 2006). Furthermore, given that a final and conclusive favorable judgment has res judicata effect, where a party who has received the final and conclusive judgment in favor of said party files a lawsuit against the other party to the previous suit for the same claim as that of the final and conclusive judgment in favor of said party, the subsequent suit is unlawful as there is no benefit in

(2) In light of the above legal principles, barring any special circumstance that the conciliation protocol in the prior suit is null and void, the instant lawsuit against the same subject matter is unlawful as there is no benefit in protecting the rights. Therefore, the Defendants’ assertion is unlawful.