1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. In the event of an inappropriate lawsuit that cannot correct the defect, the lawsuit may be dismissed by a judgment without holding any pleadings (Article 219 of the Civil Procedure Act). Meanwhile, even if the defect can be corrected, the presiding judge may dismiss the lawsuit by applying the above provisions mutatis mutandis where the correction is not made even though the presiding judge ordered the plaintiff to correct the defect.

The Plaintiffs had already filed the instant lawsuit against the Defendant who died, and failed to comply with the order of the court to submit documents related to inheritance identifying the Defendant’s inheritor and to correct the Defendant’s indication as the inheritor. As such, the instant lawsuit was unlawful as it was against the deceased person.

(see, e.g., Supreme Court Order 70Ma103, Mar. 20, 1973; Supreme Court Order 77Da1555, 1556, Jul. 25, 1978). Accordingly, this case’s lawsuit is dismissed without holding any pleadings. It is so decided as per Disposition by the assent of all participating Justices.