1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

1. The reasoning for this part of this Court is as stated in the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion B sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant and completed the registration of ownership transfer, but the sales contract was rescinded due to the Defendant’s nonperformance of obligation.

The plaintiff shall seek the defendant to implement the procedure for the registration of ownership transfer based on the restoration of real name as to each of the instant real estate in subrogation of B as the right to the national tax claim against B.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The right to claim for ownership transfer registration and the right to claim for cancellation of ownership registration based on a real name recovery as a substitute for registration of cancellation are to restore the real name of the owner, and its purpose is substantially identical, and all of the two claims are identical in its legal basis and nature. Thus, even if the former takes the form of registration of transfer and cancellation, the subject matter of a lawsuit should be deemed identical in substance. Therefore, if a final judgment has been rendered in a lawsuit for cancellation of ownership transfer registration, the res judicata effect extends to the subsequent lawsuit for ownership transfer registration based on the restoration of the real name (see Supreme Court en banc Decision 9Da37894, Sept. 201). Meanwhile, if a party against whom a favorable judgment was rendered files a lawsuit against the other party to the previous lawsuit against the other party to the previous lawsuit, the subsequent lawsuit is unlawful as there is no benefit of protection of rights.

In light of the above legal principles, the Health Team and B have already sought the cancellation of the ownership transfer registration of each of the instant real estate against the Defendant.