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1. Of the judgment of the first instance, the part of the claim against each of the plaintiffs and the independent party intervenors is revoked.
2...
Reasons
1. The heir of the deceased co-owner does not succeed to the status of the co-owner, unless there is a special agreement between the co-owner and the heir of the deceased co-owner in cases where part of the co-owner of the real estate dies at the end of the lawsuit against Defendant D. The pertinent real estate belongs to the co-ownership of the remaining co-ownership if not less than two co-owners exist at the end of the lawsuit, and if the remaining co-ownership is one, it belongs to the sole ownership of the remaining co-ownership (see Supreme Court Decision 96Da23238, Dec. 10, 1996). According to the overall purport of the statements and arguments with respect to evidence Nos. 2, 22, and 23 of the evidence No. 294 square meters in Seo-gu, Gwangju (hereinafter “the instant real estate”), but there is no evidence to acknowledge the status of the heir of the above co-ownership as the heir of the above real estate as the co-ownership of the deceased co-ownership.
Therefore, the lawsuit between the plaintiff and the defendant D and the independent party intervenor (hereinafter referred to as "participating") were terminated without interruption due to the death of the defendant D on November 27, 2018.
2. Determination on the legitimacy of an application filed by an independent party;
A. The summary of the Intervenor’s assertion is that the instant real estate was owned by the Intervenor and was held in title trust in the future of 12 persons, including Defendant C, etc., and the title trust was terminated upon the Intervenor’s application for intervention in the instant independent party. As such, the Defendants are obliged to implement the procedure for registration of ownership transfer on the instant real estate
The Plaintiff filed for the registration of ownership transfer against the Defendants on the ground of sale, but the instant real estate was held in title by the Intervenor to the Defendant C, etc. as above.