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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The facts of recognition are the remainder of the network D (hereinafter “the deceased”) that died on January 12, 2016, and the defendant is the south of the deceased, the deceased was the head of the network C and the network P (the parent, the plaintiff and the defendant's grandparents), and the present fact that the defendant occupies each permanent photograph (each permanent photograph of the network C and the network P; hereinafter “the permanent photograph of this case”) indicated in the attached Form, may be recognized either as a dispute between the parties or in accordance with the purport of the entire pleadings.
2. The assertion and judgment
A. The plaintiff asserted 1) since the co-inheritors of the deceased agreed to the plaintiff as the master producer, the defendant asserts that the plaintiff is obligated to deliver the portrait of this case to the plaintiff as the master producer. 2) As to this, the defendant asserts that the co-inheritors of the deceased are the defendant, and even if they did not so, the defendant as the master producer is the defendant.
B. Determination 1) The ownership of the property used in the title of the deceased shall be succeeded to the person in charge of the manufacture (Article 1008-3 of the Civil Act). The third person shall be first determined by the consultation among co-inheritors of the deceased, and in the absence of consultation, unless there are special circumstances that make it impossible to maintain the status of the third person, the head of the deceased shall be the third person (see Supreme Court en banc Decision 2007Da27670, Nov. 20, 2008). In light of the above legal principles, first of all, the deceased's co-inheritors in the instant case shall be deemed to be the third person, first of all, whether there was an agreement on the third person among the co-inheritors in the instant case as to the third person, and if there was an agreement on whom the third person was designated as the third person, the third person shall be deemed to be the person in charge of the manufacture, taking into account all the following circumstances: