The judgment of the court below is reversed, and the case is remanded to the Ulsan District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The court below held that the Defendants: (a) purchased the instant commercial building from D (hereinafter “D”) or acquired the status of the buyer under the consent of D; (b) thereafter, D completed the registration of ownership transfer for the reason of each trust with respect to the building building of this case, Ulsan-gu 101, Ulsan-gu, a new building including the instant commercial building (hereinafter “instant building”) and its site; (c) the Defendants filed a lawsuit against the Korea Asset Trust and D under the Ulsan District Court 2008Gadan25922 on June 17, 2009 on the ground that the trust agreement of D and Korea Asset Trust becomes null and void pursuant to Article 103 of the Civil Act; and (d) purchased the building of this case, the portion of the instant commercial building indicated in the sales contract, co-ownership share, and the portion of the instant site, and completed the registration of ownership transfer registration for each of the instant building and its site, and (d) completed the registration of ownership transfer registration for the Defendants’ remaining payment from D 1 to D.

In addition, the court below presumed that the objective res judicata has to be yet to be established on the grounds that the subject matter of a prior suit and the subject matter of a subsequent suit against the successor are identical or contradictory to the subject matter of a prior suit, or that the prior suit is established. The plaintiff is the defendants.