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1. The defendant is against the plaintiffs:
(a) Daejeon District Court with respect to shares 11/12 of each real estate listed in the separate sheet No. 1.
Reasons
1. Basic facts
A. The deceased A (hereinafter “the deceased”) owned each real estate listed in the separate sheet Nos. 1 through 5 (hereinafter “the instant real estate”).
B. As to each real estate listed in the separate sheet Nos. 1 and 2 list among the instant real estate owned by the deceased, the Defendant, the grandchild of the deceased, completed the registration of transfer of ownership in his/her name as stated in the separate sheet Nos. 1 and 2 list, on November 2, 2016, on November 24, 2016, and on the real estate listed in the separate sheet No. 5 list No. 5, on October 31, 2016, on the ground of gift made on October 31, 2016, respectively.
C. On February 16, 2017, the Deceased filed the instant lawsuit against the Defendant. On December 7, 2017, the Deceased died. The Deceased’s heir is the Plaintiffs 11 and the Defendant’s father P.
(C) If there is an attorney under Article 95 subparag. 1 and Article 238 of the Civil Procedure Act, the legal proceedings shall not be interrupted even if the parties die, and the attorney’s powers of attorney shall not be extinguished. In such a 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 status of the parties, and the deceased’s attorney shall be treated as a litigation for all of the inheritors (see, e.g., Supreme Court Decision 2007Da22859, Dec. 23, 2010). As such, among the deceased’s inheritors, the deceased’s attorney appointed by the deceased A as his/her attorney directly appointed as the deceased’s attorney, and the other successors as well as B, C, and other successors shall be included in the Plaintiffs
However, although P, the father of the deceased, is also the heir of the deceased, in this case, asserting that the registration of ownership transfer that was completed by the deceased A to the defendant is null and void, and seeking the implementation of the cancellation registration procedure, P, even if its assertion is recognized, has the registration of ownership transfer in the name of the defendant as to his/her shares of inheritance.