소유권이전등기
1. The decision subject to review shall be revoked.
2. The plaintiff (the defendant)'s primary claim is dismissed.
3...
1. Determination as to the existence of a ground for retrial
A. 1) On April 10, 2003, the Plaintiffs are the land in this case against the Daejeon District Court Decision 2003Gadan18286, Daejeon District Court Decision 2003, U.S. 18, and 18 others, Daejeon Dong-gu, Daejeon District Court Decision 95.5m2 (hereinafter “instant land”).
Real estate (hereinafter referred to as "real estate") shall be indicated only by lot number.
(2) U served on April 14, 2003 the above complaint and died on August 23, 2003.
U did not submit a written reply or brief concerning the above case before death.
3) Accordingly, the above case was concluded on February 18, 2005 when the notice of the first date for pleading against U was served on February 25, 2004 with respect to U on the date of pleading and the notice of the date after the notice of the date and the document of lawsuit were served on U.S., and the judgment of winning the plaintiffs was rendered and confirmed (U was treated as a confession) (U was treated as a confession;
The judgment subject to a retrial is:
4) Based on U U, Defendant AW is wife, Defendant AX, and Y are children.
The defendants' shares in inheritance shall be as shown in the attached Form.
[Ground of recognition] Unsatisfy, entry of evidence Nos. 1 to 3, the purport of the whole pleadings
B. A judgment 1) In a case where the interruption of a litigation procedure due to the death of one of the parties during the course of a lawsuit is excessive and the pleadings are concluded and a judgment is pronounced, the judgment is unlawful in the procedure that results in the exclusion of the legitimate assignee who can participate in the lawsuit, but the judgment cannot be deemed null and void as a matter of course. However, as in the case where the judgment was not lawfully represented by an agent, the judgment may seek revocation by appeal or retrial on the ground of defects in the power of representation (see, e.g., Supreme Court en banc Decision 94Da28444, May 23, 1995). Article 451(1)3 of the Civil Procedure Act provides that “when there is any defect in granting a power of legal representation or power of attorney necessary for conducting the litigation” as grounds for retrial.