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(영문) 대법원 1986. 7. 22. 선고 86므76 판결

[이혼][공1986.9.15.(784),1109]

Main Issues

The validity of an appeal filed against the claimant for divorce who died after the adjudication of the first instance is declared.

Summary of Judgment

Where a person who filed an appeal for divorce dies after the adjudication of the first instance is rendered, the appeal filed against the person who died shall be deemed unlawful as it is filed against the deceased person, and it shall be deemed that the defect cannot be corrected.

[Reference Provisions]

Articles 211 and 383 of the Civil Procedure Act

Reference Cases

Supreme Court Decision 81Meu53 Decided October 12, 1982

Claimant-Appellee

Claimant

appellee-Appellant

appellees

Judgment of the lower court

Gwangju High Court Decision 86Reu8 delivered on April 17, 1986

Text

The appeal shall be dismissed.

The costs of appeal shall be borne by the respondent.

Reasons

The appellant's appeal of this case is unlawful as it was brought against the deceased person, and it constitutes a case where the defect cannot be corrected (see, e.g., Supreme Court Decision 81Meu53, Oct. 12, 1982).

Therefore, it is decided as per Disposition by the assent of all participating judges that the appeal is unlawful because it is not necessary to determine the grounds of appeal, and the costs of appeal are assessed against the losing party.

Justices Lee B-soo (Presiding Justice)