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

In a case where a deceased person was indicated as the plaintiff but the plaintiff died before the complaint was received by the court of first instance, the plaintiff's lawsuit in the name of the deceased person is illegal as the party did not exist and thus, the part is dismissed. The deceased person's request to resume the lawsuit by his heir or to correct the indication of the party cannot be permitted.

Even if a request for resumption of a lawsuit or for correction of a party indication was filed, the defect cannot be seen as cured.

(See Supreme Court Decision 94Da17048 Decided June 28, 1994; Supreme Court Decision 90Meu21695 Decided October 26, 1990; Supreme Court Decision 79Ma173 Decided July 24, 1979). According to the records, even if the Plaintiff had already died on December 3, 2018, prior to the instant lawsuit, the Plaintiff filed a lawsuit under the name of the Plaintiff on February 13, 2019.

After the plaintiff's mother B, the application for the continuation of the lawsuit and the correction of the party indication was submitted.

However, in light of the above legal principles, the lawsuit in the name of the plaintiff who died before the complaint is received is unlawful from the beginning, and the plaintiff's heir's request for resumption of lawsuit and the application for indicating party cannot be permitted

(q) In addition, in the instant case, it is unclear whether the Plaintiff, the inheritor, had filed the instant lawsuit or had the intent to continue the lawsuit, based on the intent of the Plaintiff’s mother B. Therefore, the instant lawsuit is dismissed in accordance with Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act. It is so decided as per Disposition.