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The appeal is dismissed.
The plaintiff's request for resumption of lawsuit is dismissed.
The costs of appeal are assessed against the motion to resume a lawsuit.
Reasons
1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
The lower court upheld the conclusion of the first instance judgment which accepted the Plaintiff’s claim seeking the implementation of the procedure for ownership transfer registration based on the instant gift on the ground that the instant certificate of gift, which is a disposal document, cannot be deemed to have been forged, and the existence and content of the expression of intent pursuant to the stated contents should be recognized.
The judgment below
Examining the reasoning of the judgment below in light of the records, contrary to what is alleged in the grounds of appeal, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the presumption of the authenticity of seal imprint and document and the reversal thereof, or by exceeding the bounds of
2. On June 16, 2020, the Plaintiff filed a motion to resume the lawsuit with the Supreme Court on the ground that the Defendant died on May 30, 2020.
However, according to the records, the defendant's death can be known after filing the appellate brief, and so long as the proceedings of the court of final appeal enter the same stage, the defendant's heir need not take over the lawsuit (see, e.g., Supreme Court Decisions 2014Da210449, Apr. 29, 2016; 2018Da233686, Nov. 14, 2019). 3. Therefore, the appeal is dismissed, and the plaintiff's request for taking over the lawsuit is dismissed, and the costs incurred by the plaintiff's request for taking over the lawsuit among the costs of appeal shall be borne by the defendant and the remainder shall be borne by the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.