1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 11, 1975 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”), the registration of transfer of ownership in B’s name was completed, and on May 8, 2008, the provisional registration of the right to claim transfer of ownership in the Plaintiff’s name (hereinafter “the provisional registration of this case”).

B. B died on June 19, 2011.

2. On April 14, 2008, the Plaintiff and B entered into a pre-sale agreement with respect to the real estate of this case on April 14, 2008, on the basis of which the provisional registration of this case was completed.

The Plaintiff paid the above purchase price to B, and the date of the completion of the sale on April 14, 2010 passed, and the real estate in this case was reverted to the Defendant on the ground that, after the death of B and his inheritor, both were renounced until the fourth order of inheritance.

Therefore, the Defendant is obligated to implement the principal registration procedure based on the provisional registration of this case to the Plaintiff.

3. Article 1053(1) of the Civil Act provides that if it is not clear whether an inheritor exists, the court shall appoint and notify without delay an administrator of inherited property upon the request of a relative of the inheritee, any interested person pursuant to the provisions of Article 777, or a public prosecutor.

In other words, Article 1053 through 1059 of the Korean Civil Code provides that, when the existence of an heir is not clear, an administrator of inherited property shall be appointed and the heir shall manage and liquidate the inherited property, the heir shall request the public announcement of the heir's search, and only when the heir does not appear even after the completion of the liquidation, the inherited property (referring to the remaining property after the completion of the liquidation, including the active property, but not including the obligation) shall revert

In this case, as alleged by the Plaintiff, even if there was no inheritor’s absence due to the waiver of inheritance by all inheritors B, the absence of the inheritor as seen earlier is difficult.