(영문) 대구지방법원의성지원 2014.10.15 2013가단1268 (1)

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(영문) 대구지방법원의성지원 2014.10.15 2013가단1268 (1)

소유권말소 등

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1. The counterclaim of this case shall be dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Party.

Reasons

ex officio, we examine the legitimacy of the counterclaim of this case.

The counterclaim Defendant filed a lawsuit with D and E as the Defendant on June 25, 2013 (hereinafter “principal lawsuit”). However, on October 23, 2013, the Plaintiff, one of the heirs of D, submitted a written answer to this court, and E is no longer blick, and D is the F’s original name during the Japanese occupation period, and F was already dead. The counterclaim Defendant filed a written withdrawal with the court on December 12, 2013, the other principal lawsuit G and H filed a written withdrawal of the lawsuit with the court on December 17, 2013, and the other principal lawsuit G and H filed a correction application with the heir of the Plaintiff, such as the Nonparty, to the effect that the Plaintiff filed the instant written withdrawal of the counterclaim against the Defendant on December 17, 2013, and the fact that the Plaintiff submitted the written withdrawal of the counterclaim against the Defendant on December 14, 2013, and that the Plaintiff filed the instant written withdrawal of the counterclaim against the Defendant on December 14, 2013.

In the case that the plaintiff brought a lawsuit with the deceased who knew of the defendant's death, the deceased's heir can correct the defendant's indication as the defendant. However, as long as the plaintiff did not correct the defendant's indication, the deceased's heir cannot be viewed as a defendant as a matter of course.

According to the above facts and the above legal principles, the counterclaim defendant filed a principal suit against E and D, and withdrawn the lawsuit without filing an application for correction of the indication of the defendant. At the time the counterclaim defendant withdraws the principal suit, the counterclaim defendant is not the inheritor, such as the counterclaim, but the E and D.

Therefore, it is evident that the principal lawsuit against E and D was withdrawn on December 12, 2013, regardless of whether the counterclaim or consent of the counterclaim is filed or given.

Thus, the counterclaim of this case against the counterclaim defendant that took place thereafter is by the principal defendant.

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