소유권이전절차이행청구
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. The plaintiff asserted that the plaintiff filed a lawsuit against the defendant C with the Suwon District Court Decision 2003Gapo-si36725, which claimed each money, and the above court decided to recommend performance that "the defendant C shall pay the plaintiff 18 million won and its delay damages," but the defendant C did not pay the above money to the plaintiff at all.
However, Defendant C, the spouse of which is the most congested with Defendant B, and was awarded a successful bid of the real estate indicated in the separate sheet in Defendant B’s name (hereinafter “instant real estate”) in the procedure of voluntary auction of real estate D’s real estate in Gyeyang District Court Ansan Branch D. This is invalid in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name.
Therefore, Defendant B is obligated to perform the registration procedure for ownership transfer on the instant real estate on the ground of the restoration of real name, and Defendant C is obligated to pay the Plaintiff the above KRW 18 million and the delay damages.
2. Whether the lawsuit against the defendant C is lawful
A. Since a final and conclusive judgment in favor of one party has res judicata effect, in a case where a party who received a final and conclusive judgment in favor of one party files a lawsuit against the other party to the lawsuit identical to the previous suit in favor of one party to the lawsuit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, the lawsuit for the interruption of extinctive prescription is deemed as benefit in the lawsuit (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006)
B. As to the instant case, the Plaintiff filed a lawsuit against the Defendant C with the Suwon District Court Decision 2003 Ghana36725, and the said court received a decision of performance recommendation that “Defendant C shall pay the Plaintiff KRW 18 million and its delay damages.”