1. Basic facts

A. On July 11, 1975, as to the real estate listed in the separate sheet (hereinafter in this case’s real estate)

The registration of transfer of ownership in the name of AA has been made, and the purport of the claim made in the name of the plaintiff on May 8, 2008.

The provisional registration of the right to claim the transfer of ownership (hereinafter in this case) was made.

B. AA died on June 19, 2011.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 and 2

2. The plaintiff's assertion

The Plaintiff and AAA shall pay 150 million won for the instant real property on April 14, 2008.

The plaintiff entered into a pre-contract and completed the provisional registration of this case on the basis thereof. The plaintiff made a provisional registration to AA.

The payment of the above purchase price was made on April 14, 2010, and the final decision date was made, and AA died.

The real estate of this case is subject to the waiver of inheritance by the inheritor to the fourth order.

The Defendant was owned by the Defendant. Accordingly, the Defendant’s principal registration based on the provisional registration of this case shall belong to the Plaintiff.

has the obligation to implement the vehicle.

3. Determination

Article 1053(1) of the Civil Code provides, if the existence of an inheritor is not ascertained, the court shall

Property inherited upon a request by a relative of the inheritee or any interested person thereof or by a public prosecutor;

In other words, the Korean Civil Code provides that the appointment of a mountain administrator and the announcement should be made without delay.

§ 1053 to § 1059. If the existence of an inheritor is not ascertained, administration of the inherited property

appointment of a person and have him/her manage and liquidate the inherited property, and a request for public announcement of an inheritor search;

(2) If the successor does not appear even after the completion of the liquidation, the inherited property (after the completion of the liquidation)

- 3-

property, including positive property, but not including obligations), if such property belongs to the State;

the Act provides that the Act shall apply to any person.

In the instant case, as alleged by the Plaintiff, all inheritors of AA waive their inheritance.

Even if there was no inheritor's non-existence of the heir, 'the procedure regarding the absence of inheritor' as mentioned above.

and without going through such procedures, the real estate in this case is owned by the defendant.

It is not vested to the original state, and it is not recognized that the above procedure has been completed for the real estate in this case.

there is no evidence to prove that there is no evidence.

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as without merit, and it is so decided as per Disposition.