소유권말소등기
1. On October 16, 2013, the Defendant: (a) with respect to each real estate listed in the separate sheet to the Plaintiff, the Jeonju District Court Branch Branch of the Namju District Court.
1. Judgment on the claim for cancellation of ownership transfer registration
A. Facts of recognition 1) The Defendant is the deceased C (hereinafter “the deceased”).
(1) As to the Plaintiff, each of the real estates listed in the separate sheet No. 2013da1342 (hereinafter referred to as “each of the instant real estates”) against the Jeonju District Court’s South Korea District Court
(2) On September 8, 2010, the Plaintiff filed a lawsuit claiming the transfer registration procedure on the ground of the transfer agreement, and the said court rendered a judgment citing all the Plaintiff’s claims by a non-divation judgment on September 11, 2013 (hereinafter “instant judgment”).
(2) The Defendant completed the registration of ownership transfer as the receipt of No. 20363 on October 16, 2013 with respect to each of the instant real estate in accordance with the above judgment.
3) Meanwhile, the Deceased had already died before the Defendant brought the said lawsuit, and the Plaintiff is one of the inheritors as the deceased’s children. [The Plaintiff did not have any dispute over the grounds for recognition, as to the entries in the evidence No. 2, No. 5, No. 7, and No. 8, and the purport of the entire pleadings.
B. Determination 1) The filing of a lawsuit against a deceased person as the defendant is unlawful because the basic principles of the Civil Procedure Act requiring the rescue of the plaintiff and the defendant as opposing parties are disregarded, and thus, substantial litigation relations cannot be achieved. Thus, even if the judgment of the court of first instance was rendered in such a state, such judgment is null and void (see, e.g., Supreme Court Decision 2014Da34041, Jan. 29, 2015), barring special circumstances, such as where the registration of ownership transfer is completed based on a final judgment rendered against the deceased person based on the final judgment, the
In light of the above legal principles, the judgment of this case was made against the deceased who was the deceased at the time of filing the lawsuit, and is null and void as a matter of course, and the judgment of this case, which is null and void, was completed as to each real estate of this case.