The litigation relationship in which one side of the married couple dies while the divorce lawsuit is pending.

Since the right to claim a judicial divorce is the right under the binding power of the couple, if one of the married couple is deceased during the divorce lawsuit, the inheritor may not take over the proceedings, and in such a case, there is no special provision that the prosecutor may take over the proceedings, so the lawsuit shall be terminated automatically.

Article 840 of the Civil Act

Appellant-Appellee

appellees

Seoul High Court Decision 83Reu210 decided April 29, 1985

The claim for divorce shall terminate the lawsuit upon the death of the claimant on May 11, 1985.

ex officio, the claimant was deceased on May 11, 1985, after the pronouncement of the judgment of the court below, and it is evident by means of a written diagnosis and a certified copy of the records attached.

Since the right to claim a judicial divorce is a right under the binding force of the husband and wife, in case where one of the husband and wife died during the divorce lawsuit, the inheritor cannot take over the litigation procedures, and in such a case, there is no special provision that the prosecutor can take over them, so this case is the case where the claimant dies and at the same time the lawsuit has been completed.

Therefore, it is so decided as per Disposition by the assent of all Justices who reviewed the conclusion of a lawsuit.

Justices Jeon Soo-hee (Presiding Justice)