The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

ex officio, we examine the legitimacy of the instant lawsuit.

A lawsuit filed against a deceased person in accordance with the basic principles of the Civil Procedure Act, which requires the rescue of the Plaintiff and the Defendant against the opposite party, cannot be practically related to a lawsuit, and is governed by law. The same applies to cases where the Defendant was alive at the time of the lawsuit but died before the duplicate of the complaint was served (see, e.g., Supreme Court Decision 2017Da289828, Jun. 15, 2018). According to the records, the Defendant died on February 25, 2020, prior to the delivery of the duplicate of the application for the instant payment order, and the Plaintiff did not make any correction within the period specified in the said correction order even after being served with the correction order on February 23, 2021.

Thus, the lawsuit of this case is an incidental legal action that has already been filed with the deceased person as the defendant and it is not possible to correct the defects. Thus, it is decided to dismiss it in accordance with Article 219 of the Civil Procedure Act, and it is so decided as per Disposition.