The instant lawsuit is dismissed.

Litigation costs shall be borne by C (D).

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

Facts of recognition

On December 1, 2011, the adjudication on adjudication of incompetency against the plaintiff was finalized, and C was designated as a legal guardian on the same day.

C as the legal representative of the Plaintiff, filed the instant lawsuit on March 20, 2013, and on August 7, 2013, the legal guardian of the Plaintiff was changed to B.

After that, on December 10, 2013, C was appointed as the Plaintiff’s adult guardian (this Court Decision 2013J 818), but the Plaintiff’s adult guardian was changed to B on February 7, 2014 (this Court Decision 2014 business 12), and November 28, 2014.

(1) Article 950(1)4 of the former Civil Act (wholly amended by Act No. 11728, Apr. 5, 2013; hereinafter the same) provides that a guardian shall obtain the consent of the family council in order for the guardian to conduct litigation on behalf of the ward in lieu of the ward. At the time of filing the instant lawsuit, C, a guardian of the plaintiff, obtained the consent of the family council.

There is no evidence to acknowledge that the family council had obtained the consent of the plaintiff even after or after, the lawsuit of this case is unlawful as C filed without the authority to conduct the lawsuit on behalf of the plaintiff.

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.