The part on Plaintiff B is reversed, and that part of the case is remanded to the Seoul High Court.

Plaintiff .

1. The court may, if deemed necessary in an appeal litigation, ex officio examine evidence and decide on facts which the parties have not claimed;

(1) Article 26 of the Administrative Litigation Act provides for partial exceptions to the principle of party and the principle of pleading, taking into account the special nature of the administrative litigation. However, in such a case, to determine whether an administrative disposition is justifiable by recognizing the new grounds for disposition is permissible only to the extent that it is recognized identical to the original grounds for disposition and the basic facts (see, e.g., Supreme Court Decision 2011Du26589, Aug. 22, 2013). The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) provides that any person shall not register real right to real estate in the name of a title trustee pursuant to the title trust agreement (Article 3(1)), and that any title truster who violates this provision shall be punished by a penalty surcharge within the limit of an amount equivalent to 30/100 of the value of the relevant real estate (hereinafter

(Article 5(1)1 of the Act provides that a person entitled to registration, etc. who fails to file an application for registration of ownership transfer within three years from the date on which the performance of consideration is completed after concluding a contract with the contents of ownership transfer of real estate shall impose a penalty surcharge (hereinafter “long-term unregistered penalty surcharge”) within 30/100 of the appraised value of real estate

(Article 10(1). As such, the type, requirements for imposition, and relevant provisions differ from the penalty surcharge for title trust registration and the penalty surcharge for a long-term unregistered offense, so the grounds for imposition of each penalty surcharge cannot be deemed identical to the basic facts among themselves.

Therefore, the reason that there is another reason for the imposition of penalty surcharge for any one of the reasons for the imposition, not the reason for the imposition.