소유권이전등기
1. All appeals filed by Defendant C, F, G, H and I are dismissed.
2. The costs of the lawsuit following the filing of an appeal shall be Defendant C, F, G, H, and I.
This case is a case where the plaintiffs sought the implementation of the ownership transfer registration procedure with respect to each inheritance share of the real estate of this case among the real estate of this case on the grounds that the plaintiffs were bequeathed by will by means of the oral document from the deceased J (hereinafter referred to as the "the deceased").
The judgment of the court of first instance accepted the plaintiffs' claims, and the defendant C, F, G, H, and I (hereinafter referred to as "the defendants") appealed against them.
If a testator does not designate an executor by will or commission the designation of an executor to a third person, the inheritor shall become an executor (Article 1095 of the Civil Act), and if there exist several executors including such cases, the right to manage and dispose of the testamentary gift subject matter shall belong to several executors who jointly perform the joint duties of execution of a will according to the principal place of will, and the exercise of the right to manage and dispose of the testamentary gift shall be decided jointly with the majority. Therefore, if there exist several executors, it is reasonable to view all the executors as a indispensable co-litigation in which the executor is the defendant.
(See Supreme Court Decision 2009Da8345 Decided June 24, 2011). In the instant case, the Plaintiff and the Defendants were the deceased’s inheritors, as seen below, and the deceased did not designate the executor by will or entrust the designation to a third party. As such, the Plaintiff A and the Defendants, the deceased’s inheritors, become the executor of the deceased’s will.
Therefore, the instant lawsuit constitutes an inherent indispensable co-litigation in which all the inheritors except the Plaintiff A, among the executors of the deceased, should be the defendant.
In the first instance trial, all claims against the Defendants, which are indispensable co-litigation, were accepted, and only a part of the Defendants appealed, but is essential.