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(영문) 서울서부지방법원 2020.06.04 2019가단271732
공유물분할조정
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In the event of an illegal lawsuit that its defects cannot be corrected, such lawsuit may be dismissed by a judgment without holding any pleadings (Article 219 of the Civil Procedure Act). Even if the correction of defects is possible, the presiding judge may dismiss the lawsuit by applying the above provisions mutatis mutandis where the correction is not made even though the presiding judge orders the plaintiff to correct the defects

The plaintiff has already filed the lawsuit against the deceased defendant, and submitted documents related to inheritance identifying the defendant's heir, and failed to comply with the court's order of correction on February 18, 2020 and April 16, 2020 to correct the defendant's indication as heir. Thus, the lawsuit of this case against the deceased person is unlawful as it is against the deceased person.

(see Supreme Court Order 70Ma103, Mar. 20, 1973). Accordingly, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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