[이혼][공1986.9.15.(784),1109]
The validity of an appeal filed against the claimant for divorce who died after the adjudication of the first instance is declared.
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.
Articles 211 and 383 of the Civil Procedure Act
Supreme Court Decision 81Meu53 Decided October 12, 1982
Claimant
appellees
Gwangju High Court Decision 86Reu8 delivered on April 17, 1986
The appeal shall be dismissed.
The costs of appeal shall be borne by the respondent.
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)