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1. The part of the judgment of the court of first instance against Plaintiff W shall be revoked.
2. The plaintiff W's lawsuit shall be dismissed.
3.In the trial, the trial shall be held.
Reasons
1. The instant lawsuit filed on July 24, 2012 to determine whether Plaintiff W’s lawsuit was filed and the letter of delegation in the Plaintiff’s name submitted at the time of filing the lawsuit was made on July 2012 is apparent in the record. According to the respective statements in the evidence No. 83-1 and No. 2, Plaintiff W died on May 25, 2012.
Therefore, Plaintiff W was in death at the time of the filing of the instant lawsuit, as well as at the time of the filing of the instant lawsuit, and thus, Plaintiff W’s lawsuit is unlawful.
2. On May 20, 2014, Plaintiff X and Y applied for the correction of the Party’s indication to the effect that, with respect to the Plaintiff’s lawsuit on May 20, 2014 during the trial prior to remand, Plaintiff X and Y filed an application for the correction of the Party’s indication with respect to the Plaintiff’s lawsuit on May 20, 2014, the heir, as long as the Plaintiff’s lawsuit is illegal, the Plaintiff X and Y’s application for the correction of the Party’s indication cannot be accepted.
3. Determination as to Plaintiff X and Y’s claim
A. On April 23, 2013, the first instance court rendered a judgment in favor of the Defendant to the Plaintiff W, KRW 33,333, KRW 8,000,00, and KRW 50,000 to the Plaintiff X, and the damages for delay thereof. The Plaintiffs and the Defendant appealed against the part of the first instance judgment, respectively. 2) On May 20, 2014, when the trial was in progress before remand, the Plaintiff X andY filed an application for correction of the indication of the parties, as seen earlier, and filed an application for correction of the purport of the appeal, purport of the claim, and cause of the claim. Accordingly, the first instance court prior to remand included the part of the Plaintiff’s judgment in KRW 33,33,00, KRW 80, KRW 00, KRW 000, KRW 800, KRW 100, KRW 1000, KRW 800, KRW 200, KRW 800, KRW 200, KRW 800, KRW 2000.