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1. The part of the judgment of the court of first instance concerning the designated parties shall be revoked, and the lawsuit of the designated parties corresponding to that part shall be filed;
Reasons
1. The Appointed C, C (E) and D (F) are minor facts, and the lawsuit in this case was filed by the Plaintiff (Appointed Party; hereinafter “Plaintiff”) on June 19, 2014 with the Plaintiffs A, C, and D on September 11, 2014, and C and D submitted to the court of first instance a party appointment statement stating that “Plaintiff A shall be selected as a litigation performer for Plaintiff C and D pursuant to Article 53(1) of the Civil Procedure Act with respect to the claim for damages between the Plaintiff and the Defendant” on September 11, 2014. The fact that only the designated party’s signature was written, C, C, and D’s person with parental authority is designated as a father, and there is no dispute between the parties.
Since the designated parties C and D are minors, a person with parental authority, a legal representative, must act on behalf of the designated parties, and since G did not confer or select the power of representation on the instant lawsuit to the Plaintiff, G did not have any authority to do so. Thus, the instant lawsuit by the designated parties is unlawful and without any authority to do so by the Plaintiff A.
2. Judgment on the plaintiff's lawsuit
A. 1) The Plaintiff and G were married on December 15, 2004 and married and sleeped with the Selection C and D. 2) The Plaintiff and G were living in the weekend as a major workplace issue from January 2013 to G.
3) Around June 2013, G began with the Defendant, who is a workplace partner, and was traveling along with the Defendant. On the other hand, G was aware of the fact that the Defendant was a spouse while teaching with G, and even thereafter continued to teach with G.
5) On August 20, 2013, the Plaintiff and G filed an application for confirmation of intention of divorce with the Gwangju Family Court No. 2013No. 2829 on August 20, 2013, and filed a report after obtaining confirmation of intention of divorce on November 22, 2013. [Grounds for recognition] The Plaintiff and G have no dispute, and each description of Gap evidence Nos. 1 through 4 (if available, each number is included in the Gwangju Family Court).