1. The plaintiff's appeal shall be dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination on the legitimacy of the appeal of this case

A. As the basic principles of the Civil Procedure Act requiring the rescue of the plaintiff and the defendant to be the defendant are inappropriate, and the substantial litigation relationship cannot be achieved, the judgment of the court of first instance was rendered in such a situation.

Even if a judgment is null and void (Supreme Court Decision 2014Da34041 Decided January 29, 2015), an appeal filed against the deceased person as the other party is unlawful.

(See Supreme Court Decisions 93Nu9606 delivered on January 11, 1994; 81Meu53 delivered on October 12, 1982, etc.). B.

According to the records of this case, it is recognized that the defendant died on February 26, 1966, the prior filing of the lawsuit of this case (see the defendant's transcript submitted by the plaintiff). Nevertheless, the first instance court dismissed both the plaintiff's primary claim and the conjunctive claim of this case. The judgment of the first instance court is just null and void, and the plaintiff's appeal of this case filed against the deceased defendant is eventually unlawful.

After filing a lawsuit against the deceased person, the defects shall not be corrected by means of correction of the indication of the party in an appellate trial.

(See Supreme Court Decision 2015Da8360 Decided July 23, 2015, etc.)

2. Accordingly, we decide to dismiss the Plaintiff’s appeal. It is so decided as per Disposition.