1. The instant lawsuit shall be dismissed.

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

1. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Where a party and a lawsuit with the same subject matter of lawsuit are filed differently time, the lawsuit brought later is unlawful because it violates the principle of prohibition of double lawsuit.

In this case, the criteria for determining the judgment of the previous suit and the subsequent suit will depend on the time when the lawsuit is pending, that is, after the time when the complaint was served on the defendant.

(See Supreme Court Decision 94Da12517, 12524 Decided November 25, 1994, etc.). On October 8, 2014, the Plaintiff filed a lawsuit seeking objection against the Defendant (Seoul Central District Court Decision 2005Gahap9659 Decided October 8, 2014, Seoul Central District Court Decision 2005Gahap9659) to the effect that “No compulsory execution based on the Seoul Central District Court Decision 2005Gahap9659, which was before the Plaintiff filed the lawsuit of this case, shall be permitted.” On December 4, 2014, the duplicate of the complaint was served on the Defendant on December 27, 2015, “The Plaintiff’s filing of the lawsuit of this case with the Seoul Central District Court Decision 205Mo9659 Decided November 8, 2005, which was based on the Seoul Central District Court Decision 205Da37506 Decided June 25, 2016.”

According to the above facts, the lawsuit in this case is filed later at the time with the same time as the previous suit (Seoul High Court 2015Na2073065) in which the subject matter of the lawsuit is identical with the party concerned and the other party.