소유권이전등기
1. Of the litigation for retrial of this case, the part claimed by the Plaintiff (Plaintiff) S and T shall be dismissed.
2. Of the judgment subject to a retrial.
1. The Plaintiff (only referring to the Plaintiff for review, hereinafter the same shall apply to the Plaintiff for review), the Plaintiff eligible for review as a party to review, and T were their successors to their networkOs, and the instant petition for review was filed on the premise that the Seoul High Court, which was the judgment subject to review, was an effective person of the said judgment, on December 6, 1989.
On September 29, 1983, after the filing of the lawsuit in the Seoul High Court case No. 68Ga20 (hereinafter “the previous review case”), the heir died. At the time, the heir died on July 14, 1984, which was the wife W, the Plaintiff T, P, S, R, and Q. At the time, the heir died on September 27, 1984, and eventually, on September 27, 1989, the date of closing the argument in the previous review case, the heir left the office as the heir of the networkO of the above 50,000 children. The judgment in the instant judgment subject to a review only indicated Plaintiff P, R, and Q as the transferee of the networkO, and the Plaintiff S and Q did not indicate the Plaintiff P, R, and Q as the assignee of the networkO, while the legal representative of the Plaintiff P, Q, the legal representative of the previous review case, and the legal representative of the O and the legal representative of the previous judgment in the final appeal can be acknowledged.
(C) Facts having no dispute, Gap evidence 1-6, 7, 2-4, and the purport of the whole pleadings). The plaintiff for retrial shall be a person who has the effect of the final judgment and has an interest in seeking revocation thereof.
We examine whether the effect of the decision subject to review affects the plaintiff, S, and T, which was not indicated as a party to the decision subject to review.
Where an attorney is appointed, the litigation procedure shall not be interrupted even if the party dies, and the attorney's power of attorney shall not be extinguished. In this case, the deceased's attorney shall be treated as the inheritor's attorney, as a matter of law, without the need to obtain new authorization from the inheritor, due to the ex officio succession of the party's status, and shall be conducted for all of the inheritors.