2. The costs of lawsuit shall be borne by the Plaintiff.

2. In the event of an inappropriate lawsuit that cannot correct the defect, the lawsuit may be dismissed by a judgment without holding any pleadings (Article 219 of the Civil Procedure Act). Meanwhile, even if the defect can be corrected, the presiding judge may dismiss the lawsuit by applying the above provisions mutatis mutandis where the correction is not made even though the presiding judge ordered the plaintiff to correct the defect.

The Plaintiff had already filed the instant lawsuit against the deceased Defendant, and submitted the documents verifying the Defendant’s inheritor, and did not comply with the order of the court to correct the Defendant’s indication as the inheritor. As such, the instant lawsuit against the deceased was unlawful as it was against the deceased person.

(see, e.g., Supreme Court Order 70Ma103, Mar. 20, 1973; Supreme Court Order 77Da1555, 1556, Jul. 25, 1978). Accordingly, this case’s lawsuit is dismissed without holding any pleadings. It is so decided as per Disposition by the assent of all participating Justices.