2. The defendant is against the remaining plaintiffs except the plaintiff Q, as shown in attached Tables 4 and 5.

In a case where a plaintiff died before the court of first instance (see, e.g., Supreme Court Decisions 90Meu21695, Oct. 26, 1990; 94Da17048, Jun. 28, 1994). However, even if a party dies, the power of attorney of the legal representative is not extinguished even if the party dies, so if the party has filed a lawsuit with the plaintiff by expressing the party as the plaintiff that he/she was deceased before the party was delegated to the legal representative and the party died before the lawsuit was filed, the filing of the lawsuit is lawful. In such cases, the heir of the deceased person by applying Article 233(1) of the Civil Procedure Act mutatis mutandis shall take over the litigation procedures.

(see, e.g., Supreme Court Decision 2014Da210449, Apr. 29, 2016). According to the Plaintiff’s evidence No. 9-1, Plaintiff Q was dead on October 6, 2017, and the Plaintiff’s attorney’s delegation of litigation from the Plaintiffs, including Plaintiff Q, around December 2017, attached the power of attorney, and filed the instant lawsuit on January 11, 2018.

Therefore, Plaintiff Q was not only deceased at the time of the instant lawsuit, but also the Plaintiff’s attorney does not fall under the case where the Plaintiff Q received the delegation of the lawsuit from Plaintiff Q before the Plaintiff Q died. Thus, Plaintiff Q’s instant lawsuit was filed in the name of the deceased, and is unlawful.

[A lawsuit filed in the name of the deceased is unlawful from the beginning, and thus, the inheritor’s request for succession of the lawsuit is not permissible (see, e.g., Supreme Court Order 79Ma173, Jul. 24, 1979). For this reason, Plaintiff Q’s request for succession of the lawsuit filed by the heir of Plaintiff Q was dismissed by the decision made Oct. 23, 2019 of this Court].2. The remainder of the Plaintiffs except Plaintiff Q.