1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff and the defendants are children of E (the deceased) who died on January 30, 1990, and are the inheritors of the above deceased.

B. The following contents are written in the name of the deceased by a written will (the will of this case).

A testator: He/she shall make a will to the following matters concerning the E resident registration number F address of Mapo-gu Seoul Metropolitan Government G will:

1) The 12.6 square meters of Mapo-gu Seoul Metropolitan Government D road shall be donated to A (Sanam) (Seoul Metropolitan City G). 2) The legacy shall take effect due to the death of B.

3) To designate H as an executor for the performance of the testamentary gift above. The name of the testator on October 20, 1989, E [the fact that there is no dispute over the basis of recognition, entry in Gap, 1, 3, and 4, and the purport of the whole pleadings, as of the date of preparation

2. Assertion and determination

A. The summary of the Plaintiff’s assertion was prepared on October 20, 1989, before the death, and bequeathed the instant real estate to the Plaintiff. As such, the Defendants, the deceased’s heir, are obligated to implement the registration procedure for transfer of ownership based on the said legacy to the Plaintiff.

B. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, on the determination of the legality of the instant lawsuit.

Where the object of a testamentary gift is real estate, and the executor of a will is designated, registration of transfer of ownership, the testamentary gift as the cause of registration, shall be applied jointly by the donee as the person entitled to

[See the administrative guidelines regarding the procedure for filing an application for the preservation of ownership (transfer) of a person to whom testamentary gift was given (see Article 1512 of the Registration Rules). Accordingly, in cases where an executor files a claim for the transfer of ownership based on testamentary gift based on the instant testamentary gift designated, the person responsible for registration is the executor, and thus, the said person is the executor. Therefore, filing a claim for the transfer of ownership based on testamentary gift against the Defendants, who are the inheritor and not the person responsible for registration, is