전세보증금반환
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
ex officio, we examine the legitimacy of the instant lawsuit.
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, the Plaintiff had already filed the instant lawsuit against the Defendant who died, but did not lawfully receive the Defendant’s order of correction as of June 14, 2016, ordering the Defendant to correct the Defendant’s indication as a legitimate inheritor.
Thus, since the lawsuit of this case is unlawful and its defects cannot be corrected, it is dismissed by a judgment without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.
(See Order 70Ma103 dated March 20, 1973).