1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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

In a case where the basic principles of the Civil Procedure Act, which demand the rescue of the plaintiff and the defendant against whom the plaintiff are the defendant, are disregarded (see, e.g., Supreme Court Decision 2014Da34041, Jan. 29, 2015). In a case where the plaintiff was ordered to make correction indication of the deceased defendant's indication as his/her heir, the lawsuit shall be dismissed as a judgment.

(see Supreme Court Order 70Ma103, Mar. 20, 1973). According to the records, the plaintiff lent 40,000,000 won to B on December 20, 209 as the due date for payment on December 25, 2010. Since B died, the plaintiff would later correct its indication as his inheritor.

“In the instant lawsuit claiming that B was the Defendant on August 12, 2015 and sought payment of the loan 40,000,000,000 and delayed payment damages therefor, the Plaintiff filed the instant lawsuit with B prior to the filing of the instant lawsuit; ② the death of October 24, 201, which was before the filing of the instant lawsuit; ③ the Plaintiff, upon receiving an order to make correction of the Defendant’s indication as the deceased’s heir within 14 days from the date the order was served on March 18, 2016, the Plaintiff failed to make correction within the period specified in the order.

Thus, the lawsuit of this case is an unlawful lawsuit filed against the deceased person as the defendant and it is not possible to correct the defects. Thus, it is decided as per Disposition by the assent of all participating Justices, without holding any pleadings under Article 219 of the Civil Procedure Act.