1. The lawsuit of this case shall be dismissed.

2. Each of the applicants for taking over the lawsuit against the defendant (Plaintiff for Review) A.

1. Determination on Defendant A’s lawsuit for retrial and on Defendant A’s motion for resumption of lawsuit by inheritors

A. In a case where a deceased person was indicated as the plaintiff and the plaintiff died before the complaint was received by the court, the plaintiff's lawsuit in the name of the deceased person is illegal as the party did not exist and its part is dismissed, and the deceased's successor's request for resumption of the lawsuit is not allowed.

(See Supreme Court Order 79Ma173 Decided July 24, 1979; Supreme Court Decision 90Meu21695 Decided October 26, 1990; Supreme Court Decision 94Da17048 Decided June 28, 1994, etc.)

Although Defendant A died on June 11, 2014, the fact that the suit of this case was filed under Defendant A’s name on April 20, 2016, and on November 8, 2016, the fact that Defendant A claimed that Defendant A was the co-inheritors of Defendant A, and that Defendant A filed an application for taking over the suit is obvious.

Examining the above facts in light of the legal principles as seen earlier, it is inappropriate to file a lawsuit for retrial under Defendant A’s name as a lawsuit filed by the deceased, and thus, it cannot be allowed for Defendant A to file a petition for resumption of the lawsuit.

(B) Even if a request for the re-adjudication of the above applicant for the re-adjudication of the lawsuit is made by the applicant for the re-adjudication of the party indication, the correction of the party indication is permitted only to the extent that it does not infringe the identity of the party, and there is no identity among the inheritors of the defendant A and A, and as long as the defendant A already died, there is no room to correct the defect in the party indication recorded in the complaint by the actual intent of the defendant A, so the above applicant for the re-adjudication of the lawsuit cannot be permitted. 2. The judgment on the request for re-adjudication of the remaining defendants other than the defendant A (hereinafter referred to as "the defendants of money").

A. 1 The Plaintiff, which became final and conclusive in the judgment subject to a retrial, is indicated in attached Form 1 against the Defendants as Daegu District Court Branching 2013Kadan3241.