Whether res judicata effect of a final and conclusive judgment on a lawsuit claiming compensation depends on the judgment on the attribution of a claim for compensation (negative)

The res judicata effect of a final and conclusive judgment in civil procedure only results in the conclusion of the judgment on the existence of legal relations contained in the text. Thus, even if the final and conclusive judgment on the lawsuit claiming the payment of compensation has ruled that the claim for compensation against the land has been legally transferred to or reverted to a specific person, it is merely a judgment on the grounds therefor, and thus,

Article 202(1) of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Dong-young and 2 others, Counsel for plaintiff-appellant)

Kimyang-dong Co., Ltd., Counsel for the defendant-appellant-appellee

Cheongju District Court Order 89Ma22 dated May 16, 1989

The reappeal is dismissed.

The grounds of reappeal are examined.

The res judicata effect of a final and conclusive judgment in civil procedure results only in the conclusion of the judgment on the existence of legal relations which are the subject matter of lawsuit contained in the text, so that the final and conclusive judgment on the claim for compensation in the lawsuit for compensation in the lawsuit for compensation in theory that the claim for compensation in this case was legally transferred and reverted to the re-appellant is merely a judgment on the grounds, and thus, the res judicata effect does not arise, even if the lower court determined differently from the judgment on the grounds of the final and conclusive judgment

In addition, in comparison with the records and the reasoning of the order of the court below, we affirm the judgment of the court below which rejected the re-appellant's assertion that the above-appellant lawfully acquired the right to claim payment of deposit money of this case from the non-appeal Jung-gu on October 1, 1988, and the judgment of the court below is acceptable, and there is no error of law in the theory of lawsuit in the order of the court below.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)