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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is as stated in the "the changed cause of claim" attached to the plaintiff's assertion.
2. Determination
A. The Plaintiff’s claim of this case is premised on the premise that the Plaintiff is a legitimate lessee pursuant to the lease agreement concluded on September 19, 201, with respect to the first floor of Gangdong-gu Seoul Metropolitan Government Da Apartment-dong, 120 (hereinafter “instant commercial building”).
B. However, according to the evidence evidence Nos. 1 through 3 and 9, the Plaintiff filed a lawsuit against the Defendant seeking confirmation on the fact that the Plaintiff is a lessee under the above lease agreement with the Seoul East Eastern District Court 2012Gadan22694, but was rendered a judgment against the court of the first instance on December 18, 2012, and the appeal was dismissed by the same court on July 24, 2013, but the appeal was dismissed by the same court on July 24, 2013. On November 15, 2013, the Supreme Court rendered a final decision to dismiss the Plaintiff’s appeal and recognized the fact that the judgment of the first instance court became final and conclusive.
C. In a case where a legal relationship in which res judicata effect of a final and conclusive prior suit is not the subject matter of a subsequent suit but becomes the subject matter of a subsequent suit, the judgment of the final and conclusive judgment in the previous suit becomes the subject matter of a subsequent suit and res judicata effect becomes the subject matter of a subsequent suit. Therefore, in a case where a lawsuit is brought against the same defendant as the subject matter of a subsequent suit, after the judgment on the claim for ownership confirmation becomes final and conclusive, the judgment on the existence of ownership in the previous suit is bound by the judgment on the existence of ownership in the form of a real right claim, and the parties cannot make any other assertion, and the court may not make any other judgment (see, e.g., Supreme Court Decisions 94Da4684, Dec. 27, 1994; 98Da18155, Jun. 9, 200).