The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

The Plaintiff’s mother-C name is “C”.

(See Evidence No. 3, 2016). From September 27, 2016, C received a legacy of the instant right against the Defendant, and C died on March 9, 2018.

Therefore, the defendant is obligated to implement the procedure for change of title on the above rights to the plaintiff as the inheritor of C.

We examine the defendant's defense prior to the merits, which judged the legitimacy of the lawsuit of this case.

The defendant asserts that the lawsuit of this case is unlawful as the lawsuit of a person who has no standing to sue, since C stipulated D as the executor when transferring the right of this case to the plaintiff.

An executor has the rights and duties to manage an asset which is the object of a testamentary gift, and to perform any act necessary for carrying out a will.

(See Article 1101 of the Civil Act). An executor of a will in a lawsuit claiming ownership transfer registration of an object of testamentary gift for the execution of a will shall be in charge of legal litigation so-called standing to sue and no inheritor shall be standing

(See Supreme Court Decision 2000Da26920 Decided March 27, 2001, and Supreme Court Decision 97Da57733 Decided November 26, 199). This ought to be seen as likewise in a lawsuit claiming a change of ownership relating to a union member’s rights.

According to the evidence Nos. 3 and 5, C is recognized as having set D as an executor while bequeathed the right of this case to the Plaintiff.

In light of the above legal principles, the plaintiff who has standing to sue in the lawsuit claiming change of title of the right of this case and is the inheritor has no standing to sue.

Therefore, the instant lawsuit is unlawful.

Therefore, the instant lawsuit is dismissed.