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

In the case of filing a lawsuit against a deceased person, the basic principles under the Civil Procedure Act, which demand the rescue of the plaintiff and the defendant, are unlawful.

(see Supreme Court Decision 2014Da34041, Jan. 29, 2015). However, while the Plaintiff had filed the instant lawsuit against the Defendant (Death, Sept. 29, 2015) who had already died, the Plaintiff did not lawfully receive the order of correction as of December 4, 2017, ordering the Defendant to correct the Defendant’s indication as a legitimate heir.

Thus, since the lawsuit of this case is unlawful and its defects cannot be corrected, it is dismissed by a judgment pursuant to Article 219 of the Civil Procedure Act.

(See Order 70Ma103 dated March 20, 1973).