The instant lawsuit is dismissed.

Litigation costs shall be borne by a lawyer at his/her own expense.

The defendant asserts that the transfer registration of ownership in the name of the defendant with respect to real estate stated in the purport of the claim by the parties was made through bilateral title trust, and thus null and void by the law on the registration in the name of the actual right holder of real estate or by a false declaration of intention of conspiracy. Thus, the defendant's assertion that the defendant is obligated to implement the transfer registration procedure for each inheritance share to the plaintiff's successor, the defendant asserts that the lawsuit of this case is a lawsuit filed by the plaintiff's

Judgment

The existence of the power of attorney of a court shall be subject to ex officio investigation by the court, and if the power of attorney is a private document, whether or not the court orders a certification of the power of attorney shall belong to the discretion of the court. However, if the other party is disputed and there is no obvious evidence to prove that the power of attorney is authentic on the records, the court shall investigate whether or not the power of attorney is defective, such as issuing a certification order for the certification of such power of attorney or deliberating on whether or not the power of attorney is properly delegated.

(see Supreme Court Decision 2008Da37247, Oct. 29, 2009). In the event that the existence of a fact is unclear as to the matter to be examined ex officio, the principle of burden of proof shall be applied. In light of the fact that it is favorable for the Plaintiff to obtain a judgment on the merits, the burden of proof as to the requirements for a lawsuit that is subject to ex officio investigation is the Plaintiff

(1) In a case where a person who filed a lawsuit as an attorney fails to prove his/her power of attorney, the court may dismiss the lawsuit on the ground that it was instituted by a person who has no right of attorney and is unlawful (see, e.g., Supreme Court Order 97Ma1574, Sept. 22, 1997); Articles 108 and 107 of the Civil Procedure Act.