1. The instant lawsuit shall be dismissed.

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

In a case where, ex officio, a final and conclusive judgment in favor of the instant case has res judicata effect on the lawfulness of the suit, where a party who has received the final and conclusive judgment in favor of the said party files a suit for the same claim against the other party to the previous suit in favor of the said party, the subsequent suit is unlawful as there is no benefit of protection of rights (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The final and conclusive judgment also has effect on the successors subsequent to

In full view of the purport of the argument as to the instant case’s health room and evidence Nos. 2, as a whole, the court below accepted the claim on November 3, 2010, and recognized the fact that the judgment below became final and conclusive around 2012, by filing a lawsuit against the Defendants by Busan Western District Court 2008Gadan104607, Seoul Western District Court Decision 2008Gadan104607 against the Defendants for the transfer of the instant land, the removal of buildings on the instant land, and the rent, etc. on the ground of land possession.

Meanwhile, if the Plaintiff acquired ownership by winning a successful bid on August 13, 2014, the Plaintiff filed the instant lawsuit against the Defendants claiming for rent based on land possession.

Ultimately, the Plaintiff’s assertion itself constitutes “a successor subsequent to the conclusion of pleadings” as stipulated in the Civil Procedure Act, and thus res judicata of the judgment in the previous suit also affects the Plaintiff. As such, the claim for rent based on the possession of land, which is the part finalized in the judgment in the previous suit, is unlawful as there is no benefit

In the oral proceedings of this case, the appraisal of the amount equivalent to the rent of the land of this case was newly conducted, and as a result, the appraisal was made in an increased amount than that set forth in the previous judgment.

However, even if there is a partial increase or decrease of the rent, the parties are clearly changed the circumstances forming the basis for calculating the amount.