임차권등기말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The filing of a lawsuit against a deceased person is inappropriate in view of the basic principles under the Civil Procedure Act, which demand the rescue of the plaintiff and the defendant as opposing parties (see, e.g., Supreme Court Decision 2014Da34041, Jan. 29, 2015). In cases where the plaintiff refuses to comply with an order of correction to indicate the indication of the deceased defendant as an inheritor, the lawsuit must be dismissed as a judgment
(see Supreme Court Order 70Ma103, Mar. 20, 1973). According to the records, the Plaintiff filed the instant lawsuit against the Defendant who had already died (see, e.g., an abstract of the Defendant’s resident registration record card cancellation) seeking a judgment identical to the purport of the claim, and did not comply with the correction order of April 19, 2016 (as, arrival of the Plaintiff on April 22, 2016) to correct the Defendant’s indication as the heir. Accordingly, the instant lawsuit is dismissed.