1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by G.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, in addition to the part cited in paragraph (2) below and the part determined by the Plaintiff’s legal representative as to the assertion made by this court, such as Paragraph (3), since it is identical to the part concerning the reasoning of the judgment of the first instance. Thus, it is acceptable in accordance with the main

2. Each part of the judgment of the court of first instance, which was written after the dismissal, is replaced by “this Court”, respectively, to “Sacheon Branch of Daejeon District Court.”

On January 28, 2019, the part 4, Nos. 8 and 9 of the first instance judgment was changed to “the title of the lawsuit and the letter of delegation of the lawsuit under the name of the plaintiff on Jan. 28, 2019,” and the part 8 and 9 were changed to “the title of the lawsuit and the letter of delegation of the lawsuit under the name of the plaintiff on Jan. 28, 2019 are prepared and submitted by the number of the attorneys, and the lawsuit of this case is included in “the lawsuit of this case’s property recovery lawsuit stipulated in the specific guardianship affairs of the specific guardianship trial of this case.” The part 4, No. 17 of the first instance judgment, “the real estate of this case,”

3. Additional determination

A. Although the filing of the instant lawsuit by the Plaintiff’s attorney is unlawful, the costs of lawsuit shall be borne by the Plaintiff’s specific guardian G rather than the Plaintiff’s attorney.

Therefore, the judgment of the court of first instance that paid the litigation cost to the plaintiff's attorney is unfair.

B. In a case where a person who conducted an act of litigation as an attorney is dismissed for the absence of his/her power of representation and such act of litigation has been tried to bear the costs of lawsuit pursuant to Article 108 of the Civil Procedure Act, unlike general costs of lawsuit, the provisions of Article 391 of the Civil Procedure Act prohibiting independent appeal against a judgment on costs of lawsuit do not apply, as the person who bears the costs of lawsuit is not a party to the merits,

However, the above costs of lawsuit are assessed against the court.