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1. For the plaintiffs:
A. As to shares 11/12 of each real estate listed in the separate sheet No. 1.
Reasons
1. Basic facts
A. The deceased A (hereinafter “the deceased”) owned each real estate listed in the separate sheet Nos. 1 through 5 (hereinafter “the instant real estate”).
B. DefendantO, the grandchild of the deceased, completed the registration of transfer of ownership of each real estate listed in the separate sheet No. 1 among the instant real estate owned by the deceased on March 7, 2017; Defendant P, the son of the deceased, on March 23, 2017; on each real estate listed in the separate sheet No. 2 and 3; on each real estate listed in the separate sheet No. 4, on March 27, 2017; and on each real estate listed in the separate sheet No. 5, on April 14, 2017, on each of the real estate listed in the separate sheet No. 5 on October 31, 2016.
C. On April 14, 2017, the Deceased filed the instant lawsuit against the Defendants, but died on December 7, 2017, and the Deceased’s heir is either the Plaintiffs 11 and the Defendant P, the father of the DefendantO.
(C) If there is an attorney under Article 95 subparag. 1 and Article 238 of the Civil Procedure Act, the legal proceedings shall not be interrupted even if the parties die, and the attorney’s powers of attorney shall not be extinguished. In such a case, the deceased’s attorney shall be treated as the inheritor’s attorney as a matter of law without the need to obtain new authorization from the inheritor due to the ex officio succession of the status of the parties, and the deceased’s attorney shall be treated as a litigation for all of the inheritors (see, e.g., Supreme Court Decision 2007Da22859, Dec. 23, 2010). As such, among the deceased’s inheritors, the deceased’s attorney appointed by the deceased A as his/her attorney directly appointed as the deceased’s attorney, and the other successors as well as B, C, and other successors shall be included in the Plaintiffs
However, Defendant P, the father of Defendant O, is also the deceased’s heir, but in this case, asserting that the transfer registration of ownership completed by the deceased A to the Defendants is null and void, and seeking the implementation of the cancellation registration procedure, Defendant P may also be liable.