1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion asserts that the defendant is obligated to pay monthly rent as stated in the purport of the claim to the plaintiff, since he leased 401 Busan Jung-gu, Busan, which was owned by the plaintiff from April 20, 200 to May 31, 2001.

2. The existence of a final and conclusive judgment prior to the final and conclusive judgment ought to be examined and determined by the court ex officio, even if the parties did not assert the existence of the final and conclusive judgment by the time the conclusion of the final and conclusive judgment is closed at the court of final and conclusive proceedings,

(See Supreme Court Decision 2009Da94384, 94391, 94407 Decided May 13, 201). According to the purport of the entire pleadings, the Plaintiff filed a lawsuit seeking monthly rent with the Defendant with the Busan District Court, but was sentenced to a judgment against the said court on February 5, 2013 against which the Plaintiff dismissed the Plaintiff’s claim (Seoul District Court Decision 2012Da9324), and the facts that the said judgment became final and conclusive around that time, and the instant claim is identical with the monthly tax payment claim sought at the front suit and the facts that the relevant party and the cause of the claim are identical.

Therefore, the claim of this case, which is the same subject matter of lawsuit as that of the previous suit, cannot be judged inconsistent with the res judicata of the previous suit (see, e.g., Supreme Court Decision 79Da1275, Sept. 11, 1979). The plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.