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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 30, 1995, the Plaintiff asserted that 1/3 of the instant land owned by the deceased from the deceased E, the decedent of the Defendants (hereinafter “the deceased”), was purchased at KRW 5 million, and paid KRW 5 million to the deceased on the same day. The deceased died thereafter.
Therefore, the Defendants, the deceased’s inheritors, are obligated to implement the registration procedure for ownership transfer on the grounds of the above sale as to each of the inheritance shares of the Defendants among the 1/3 shares in the instant land owned by the deceased.
2. We examine ex officio the legality of the instant lawsuit.
A. In principle, the Registration of Real Estate Act provides that registration shall be applied jointly by the person entitled to registration and the person liable for registration (Article 28), but Article 29 provides that registration by a judgment shall be applied only by the person entitled to registration or the person liable for registration who has won the registration. The person liable for registration means a person (the person under whose name the registration is, or the universal successor) who loses his right or has suffered any disadvantage by the registration
(See Supreme Court Decision 79Da345 delivered on July 24, 1979, etc.). A lawsuit seeking the implementation of the procedure for registration of transfer of ownership is a lawsuit filed against a person liable for registration. A lawsuit seeking the implementation of the procedure for registration against a person who is not a person liable for registration, i.e., a person who loses his/her right or is not a person who is not a person subject to any other disadvantage (the title of registration or general successor) is illegal
(2) In light of the following circumstances, evidence submitted by the Plaintiff alone is insufficient to recognize the registered titleholder F of 1/3 shares out of the land of this case and the deceased, who is the inheritee of the Defendants, as the same person, in light of the following: (a) the records and the overall purport of the arguments in subparagraphs 1 through 6, and 8; and (b) the evidence submitted by the Plaintiff is insufficient to recognize the registered titleholder F of 1/3 shares out of the land of this case and the deceased, who is the inheritee of the Defendants.