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(영문) 수원지방법원안양지원 2015.07.15 2014가단114440
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Since a final and conclusive judgment in favor of a party has res judicata effect, where a party who has received the final and conclusive judgment in favor of a party files a lawsuit against the other party to the previous lawsuit identical to the previous lawsuit in favor of the party to the previous lawsuit, the subsequent

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998). E.S. (See Supreme Court Decision 98Da1645 delivered on June 12, 1998) filed a lawsuit against the Defendant seeking a building name map by Seoul Northern District Court Decision 2015Da2826, and rendered a judgment on March 27, 2015 that “the Defendant shall deliver the instant real estate to E.S. Corporation,” and the fact that the said judgment became final and conclusive is significant in this court.

Therefore, the lawsuit of this case, which the plaintiff seeks to deliver the real estate of this case to the defendant by subrogation of E.S. Construction, is unlawful as there is no benefit of protection of rights. Therefore, it is so decided as per Disposition.

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