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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) D was married to and between E and died of F and the Plaintiff, etc. on November 9, 199; F was killed on February 19, 2014; and E was deceased on July 16, 2015, respectively. 2) The Defendant’s ASEAN died around July 2005.
B. The current status of the instant land 1) The deceased D’s grave (hereinafter “the first grave of this case”) in order to connect each point of (A) the No. 1, 2, 3, 6, and 1 on the ground of the instant land, the ownership transfer registration of which was completed under the Defendant’s name on November 1, 199, to the part of (A) the deceased F’s grave (hereinafter “the instant grave”).
(B) The Plaintiff installed a grave of the deceased (hereinafter referred to as “the second grave of this case”) on the part of the said deceased’s grave (B) connected in sequence with each point of Annex 6, 3, 4, 5, and 6 on the ground of the instant land after the death of the deceased D and E.
(2) The Plaintiff is in charge of each of the instant graves.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. The plaintiff's assertion
A. Part ① A, such as a claim for ownership transfer registration based on a sales contract, was delegated by the Defendant, or the actual owner of the instant land under the name of the Defendant, with the authority to dispose of the said land. The network D purchased the said land from the network G around November 10, 199 and paid the price around that time.
② Even if the Plaintiff did not have the authority to dispose of the instant land to the Glusian G, there is a reasonable ground to believe that the instant land has such authority as the network D, and thus, the Defendant is liable under the aforementioned sales contract in accordance with the apparent representation doctrine.
③ Furthermore, even if the above sales contract was concluded without the authority to represent the Defendant, the Defendant implicitly ratified the above act.
Therefore, the defendant implements the procedure for the registration of ownership transfer of the land of this case to the plaintiff who succeeded to the network D, and the claim No. 1-B of the claim for the land of this case are stated.