[토지인도][공1979.10.15.(618),12152]
Request for continuation in a lawsuit instituted with the deceased as a party;
A lawsuit filed in the name of the deceased who was not actually in the name of the deceased is illegal from the beginning, and thus the request for succession of the deceased's property heir is not permissible.
Article 211 of the Civil Procedure Act
Supreme Court Decision 69Da929 delivered on March 24, 1970
△△△△△△, which is a minor, the applicant for taking over the lawsuit of the Plaintiff (he inheritor) ○○ and eight others.
Defendant
Chuncheon District Court Decision 79Ra12 delivered on April 13, 1979
The request for a takeover of proceedings is dismissed.
According to the records and supporting documents, the plaintiff had already died before the institution of this case.
Thus, the lawsuit of this case filed by the plaintiff, who was the deceased, was unlawful from the beginning, and thus the plaintiff's request for succession of the lawsuit by the plaintiff's property heir is not permissible.
Therefore, the motion of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yu Tae-hee (Presiding Justice)