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(영문) 울산지방법원 2018.09.06 2017나2151
소유권이전등기
Text

1. Each of the appeals filed by the inheritors of Defendant H, I, J, K, L and deceased C and AC shall be dismissed.

2.In exchange for the purpose of the trial.

Reasons

1. Determination on the legitimacy of the appeal filed by the Defendants

A. Determination as to the legitimacy of an appeal filed by C’s heir AB and AC (see, e.g., Supreme Court Decisions 69Da929, Mar. 24, 1970; 69Da1741, Feb. 9, 1971; 2003Da37006, Sept. 26, 2003). Such a legal principle equally applies to a case where the Defendant died before a copy of the complaint is served, and thus, substantial litigation relations cannot be achieved. Thus, even if the first instance judgment was rendered in such a situation, the judgment is null and void, and the Defendant’s heir who died of the judgment is unlawful (see, e.g., Supreme Court Decisions 69Da929, Mar. 24, 1970; 69Da1741, Feb. 9, 197; 2003Da37006, Sept. 29, 2015).

(B) A copy of the instant complaint was sent to C’s domicile, and C’s child was served on June 17, 2016.

C) Meanwhile, on June 9, 2016, before the delivery of the duplicate of the instant complaint, C died, and AB and AC succeeded to C’s property as their children. D) The first instance court rendered a judgment that accepted C’s above claim on March 22, 2017, with excessive emphasis on C’s death.

The above ruling was served on March 29, 2017 at C’s domicile.

E. On August 23, 2017, the Defendants, AB, and AC expressed that C died while filing a subsequent appeal against the said judgment in the name of the Defendants and C.

2.3.

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