1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Since the executor has the right and duty to manage the property which is the object of testamentary gift, and to perform all other acts necessary for carrying out the testamentary gift (Article 1101 of the Civil Act), in a lawsuit seeking cancellation of another registration which has been completed with respect to the subject of testamentary gift, the executor shall be deemed to have standing to sue as a legal action (see Supreme Court Decision 97Da57733, Nov. 26, 199); and in a case where the executor performs neutral duties with respect to matters contrary to the inheritor and the dual sea to the extent necessary for carrying out the testament, the executor shall perform his/her duties within the extent necessary for the execution of his/her will, so if there exists an executor, the executor shall be limited the right to dispose of the inherited property of the inheritor to the extent necessary for the execution

Article 1103(1) of the Civil Act provides that "the executor who assumed office by designation or appointment shall be deemed an inheritor's agent." However, this provision does not stipulate that the effect of the executor's act belongs to an inheritor, or that the executor's act of performance does not always always exist in the executor's right to perform the lawsuit (see, e.g., Supreme Court Decision 2000Da26920, Mar. 27, 2001). On the other hand, when the executor becomes designated for testamentary gift, etc., he/she should appoint the executor even if the executor loses his/her qualification due to death, disqualification, or other reasons, Article 1095 of the Civil Act applies only when the testator fails to designate the executor or commission the designation of the executor, or the person entrusted with the designation of the executor resignss from his/her office, unless the testator has designated the executor by designation or commission of the executor.