Whether a lawsuit is legitimate under the name of the deceased party during the continuation of the lawsuit in the first instance;

No appeal may be filed in the name of the person who died while the lawsuit in the first instance is pending, and any subsequent order of rejection of a petition of appeal filed on the ground that there is no order of rejection, correction or correction of recognition filed against the deceased person, shall be null and void automatically.

Article 367(2) of the Civil Procedure Act, Article 371 of the Civil Procedure Act

Appellant 1 and 8 others

Seoul High Court Order 68Na227 decided March 5, 1968

The reappeal is dismissed.

As to the reasons for the reappeal:

According to the records, as non-appeal 1 filed a lawsuit claiming rent for buildings against non-appeal 2 on July 19, 1967, the above non-appeal 2 appointed a legal representative and proceeded with the proceedings, and the court of first instance rendered a judgment against non-appeal 2 on December 15, 1967, and the above non-appeal 2 filed an appeal against the judgment against the court of first instance on December 15, 1967, but the court of first instance failed to recognize it in the petition of appeal, but the court of appeals ordered the non-appeal 2 to supplement the stamps. The court of appeals issued an order to supplement the stamps against the non-appeal 2, although the order of correction was impossible to serve by public notice, it is clear that the court of appeals issued an order to dismiss the above petition of appeal, and the non-appeal 2 of the above appeal 1967, which had been under proceedings at the court of first instance, can be seen as having died on December 2, 1967.

Therefore, as long as Defendant 2 et al. in the above lawsuit died during the proceeding in the court of first instance, there may not be an appeal against two other than the one who already died, and the order to dismiss a petition of appeal, etc., which is based on the grounds that there is no recognition order, correction order, or recognition correction against Defendant 2 other than the one who died in the subsequent trial, is against the deceased, and it cannot be deemed as abrupt invalidation. Thus, the reappeal of this case, which is based on the judgment of abrupt invalidation, cannot be deemed as unlawful. Thus, the reappeal of this case is dismissed.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-subop (Presiding Judge)