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(영문) 서울중앙지방법원 2015.09.10 2014가단5123111
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

According to the resident information history of the defendant which was bound in the records, the defendant was reported as deceased on June 26, 2010.

On September 17, 2014, when the court intends to maintain the instant lawsuit against the Plaintiff’s heir, it ordered the Plaintiff to submit a request for correction of the Defendant’s indication, purport of the claim, and correction of the cause of the claim along with the documents related to inheritance and the certified copy of the heir’s resident registration record card. On October 8, 2014, the Plaintiff requested for a fact-finding inquiry that the Plaintiff would modify the party’s correction and purport of the claim after confirming the Defendant’s heir’s heir on October 8, 2014. According to the fact-finding by the Plaintiff’s request, the fact-finding inquiry reply from the head of Lee In-bokon, and the Plaintiff did not take any measures up to now.

Therefore, the instant lawsuit is illegal as it has already been filed against a person incapable of being a party due to the death of the Plaintiff, and as long as the Plaintiff did not comply with the order of correction of September 17, 2014, the date for pleading cannot be opened. Thus, the instant lawsuit is dismissed without pleading.

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