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(영문) 서울중앙지방법원 2018.04.27 2017가단4193
청구이의의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Progress and lawfulness of the lawsuit

A. The record reveals the following facts.

1) Plaintiff (Appointed Party) (hereinafter “Plaintiff”)

(2) On January 13, 2017, the father C was unable to legally delegate the filing of the lawsuit to the Plaintiff due to dementia, and submitted a complaint for objection to the instant claim to the instant court on January 13, 2017, without any delegation from C. 2) Thereafter, upon the death of C on June 18, 2017, the Plaintiff and the designated parties, who were C’s successors, were to be appointed as the designated parties, on September 18, 2017.

B. According to these factual relations, the Plaintiff brought the instant lawsuit under the name of C without any initial authority, but it is reasonable to deem that the Plaintiff’s lawsuit was lawful and ratified by submitting a written application for the continuation of legal proceedings after the death of C.

In addition, the plaintiff in a lawsuit of demurrer is a person who is indicated as the debtor on his/her behalf in the title of execution, his/her successor, or for other reasons, and the plaintiff and the designated parties are the inheritors of C who are indicated as the debtor in the title of execution.

2. Judgment on the merits

A. 1) In the Gu-U.S. Si E (hereinafter “instant land”) where the ownership transfer registration has been made under the name D

On October 3, 1969, on June 29, 1981, the registration of ownership transfer was made under the Defendant’s name, and the Defendant sold the instant land to F on July 19, 2007. 2) On October 14, 2015, the Defendant filed an application with this court for a payment order seeking payment of KRW 30 million against C and the Plaintiff and its delay damages.

The defendant asserted the following through the application for the payment order.

“The Defendant” from October 3, 1969 to September 19, 207 to C.

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