공유물분할
1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by law firms;
Where the existence of power of attorney of a court is subject to ex officio investigation by the court, and there is no obvious evidence that the power of attorney is authentic, the court shall investigate whether the power of attorney is defective, such as issuing an order for certification with respect to the power of attorney or examining whether the power of attorney is authenticly delegated or not.
Where a person who has filed a lawsuit as an attorney fails to prove his/her power of attorney notwithstanding an order for certification issued by the court, the court may dismiss such lawsuit on the ground that it is unlawful to have been instituted by a person who has no power of attorney, and at this time, the costs of lawsuit shall be
(See Supreme Court Order 97Ma1574 delivered on September 22, 1997). With respect to this case, the health unit and the attorney of the plaintiffs filed a lawsuit as to the partition of co-owned property in this case by asserting that they were delegated with the power of attorney from the plaintiffs.
However, on October 18, 2016, Plaintiff A and F stated that they did not delegate their power of attorney to the Plaintiffs’ legal representative on the date of the first pleading of the instant case, and it is evident that the Plaintiffs’ legal representative did not prove his/her power of attorney despite the court’s order to certify the delegation of power of attorney by the Plaintiffs.
Therefore, the lawsuit of this case is unlawful as it is filed by a person who has no power of attorney.
Therefore, since the lawsuit of this case is unlawful, it shall be dismissed, and the costs of lawsuit shall be borne by the plaintiffs' attorney as per the Disposition.