1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the legitimacy of the instant lawsuit

A. The gist of the Defendant’s assertion in the instant lawsuit is that the Defendant claimed rent, management fee, etc. from June 21, 2018 to July 20, 2018 on the portion of the total area of 418.3 square meters (hereinafter “instant building”) among the first floor and underground floors of Yongsan-gu, Yongsan-gu, Seoul, D ground E-building, and underground floors (hereinafter “instant building”). The Plaintiff’s claim against the Defendant for rent, management fee, etc. from June 21, 2018 to July 20, 2018, which was first filed against the Defendant (Seoul Central District Court 201

Therefore, the plaintiff's lawsuit of this case shall be dismissed as illegal because it constitutes a duplicate lawsuit against the same subject matter of lawsuit.

B. Determination 1) With respect to the case pending before the court, no party may institute any lawsuit again (Article 259 of the Civil Procedure Act). The principle prohibiting double filing is that the parties to a lawsuit may not institute any lawsuit again on the same case as the case already pending before the court. In order to constitute double filing, the parties to the lawsuit and the subject matter of lawsuit should be the same as that of the previous filing. 2) According to the purport of the following: (i) on May 14, 2018, the Plaintiff filed an application for the payment order against the Defendant for the payment of rent and management expenses, etc. for the building of this case (Seoul Central District Court Decision 2018Da1096185, May 25, 2018; and (ii) on May 30, 2018, the Defendant filed an objection against the Defendant for the payment order from the payment order to the Seoul Central District Court 201 to the 2018Da58184, Jun. 18, 2018 (hereinafter “the payment order”).