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(영문) 춘천지방법원영월지원 2020.05.07 2019가합182
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff

The plaintiff asserts that on November 26, 2002, when the local Land Tribunal of Gangwon-do rendered a ruling on expropriation of land and obstacles, such as D forest land 407 square meters, Gangwon-do, Gangwon-do, the plaintiff owned by the plaintiff, the local Land Tribunal of Gangwon-do, calculated compensation for losses by mistakenly selecting comparative standards and calculating compensation for losses. If the project implementer did not pay or deposit the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation, the adjudication becomes null and void, but the Jung-gun did not deposit the compensation by the commencement date of expropriation. Thus, the above ruling on expropriation and the deposit of Jung-gun is null and void, and related parties

Judgment

Since res judicata of a final and conclusive judgment affects a judgment on the existence of legal relations asserted as a subject matter of a lawsuit, filing a subsequent suit between the same parties regarding the same subject matter of a lawsuit between the parties is not permissible because it conflicts with res judicata of the final and conclusive judgment in a prior suit

(see Supreme Court Decision 2011Da49981, Mar. 27, 2014). The Plaintiff’s filing of the instant lawsuit against the Defendant, etc. on the grounds as alleged by the said Plaintiff is not permissible against the res judicata effect of the said final and conclusive judgment, following a final and conclusive judgment rendered against the Plaintiff, by filing a lawsuit seeking compensation for losses against the Defendant, etc., (2017Gahap324, Seoul High Court Decision 2017Gahap324, Seoul High Court Decision 2018Na874, and Supreme Court Decision 2018Da282879, Feb. 8, 2019.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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