The costs of appeal are assessed against the appellant.

The judgment on the merits shall be null and void in the judgment with excessive restriction on the death of the deceased before the filing of the lawsuit, and the appeal shall be dismissed as it is impossible for the heir to permit the takeover even if the appeal is filed at the same time as the request for resumption.

(2) On December 30, 1968, Seoul High Court (Seoul High Court Decision 67Na1001 delivered on February 9, 1968, 1968, where the deceased’s heir had already died before filing a lawsuit for the retrial, and the above deceased’s heir submitted the petition of appeal to the lower court on April 1, 201, and on May 27, 201, the facts that the deceased’s heir filed a petition of appeal to the lower court on April 1, 201, and that the deceased’s heir could not be seen as being subject to the foregoing legal principles. In light of the above legal principles, the deceased’s heir and the deceased’s heir were not entitled to file a lawsuit for the retrial.

Therefore, the appeal of this case is unlawful and not correct, and it is all dismissed. The costs of appeal are assessed against the appellant. It is so decided as per Disposition by the assent of all participating Justices on the bench.