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(영문) 의정부지방법원고양지원 2019.07.25 2019가단4901
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff asserts as the cause of the claim of this case as shown in the attached Form.

We examine ex officio the defendants' qualifications to be a party.

In a lawsuit on inherited property, the existence of an inheritor is unclear, the legitimate defendant will be appointed by a court as an administrator of inherited property.

(See Supreme Court Decision 76Da797 Decided December 28, 1976. However, according to the records, the Plaintiff filed an application for the appointment of an administrator of inherited property with the Seoul Family Court 2018-Ma1770, in collaboration with the deceased E (hereinafter “the deceased”), as an interested party, for the appointment of an administrator of inherited property as an administrator of inherited property on June 28, 2018. Thus, in each case involving the Plaintiff’s share of the deceased’s inherited property, the claim for the transfer of ownership, and the claim for damages arising from preliminary default, only the administrator of inherited property of the deceased is the defendant.

Therefore, the Plaintiff’s assertion that the deceased’s heir is the Plaintiff’s primary and conjunctive claim regarding the shares of the deceased among each real estate listed in the separate sheet is unlawful as a lawsuit against a non-party-qualified person.

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.

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