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(영문) 인천지방법원부천지원 2019.07.25 2019가단15924
위자료
Text

The instant lawsuit was completed on November 9, 2018 due to the death of Plaintiff E.

Reasons

We examine ex officio.

According to the records, Plaintiff E filed a lawsuit of divorce of this case, a claim for consolation money following divorce, a claim for designation of a person with parental authority and a custodian, a claim for child support, and a claim for compensation for damages due to an unlawful act, but died on November 9, 2018.

Since the right to claim a judicial divorce is the exclusive right of the husband and wife, if one spouse dies while the divorce lawsuit is pending, the heir cannot take over the procedure, and there is no special provision that the prosecutor can take over the procedure, so the divorce lawsuit is terminated.

In addition, the claim for consolation money, division of property, claim for designation of person with parental authority and person with custody, and claim for child support, which is premised on the establishment of divorce or incidental to divorce litigation in relation thereto, shall be terminated simultaneously with the termination of divorce litigation, barring any special circumstance.

Therefore, it is decided as per Disposition by declaring the termination of the instant lawsuit.

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