1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff asserted that the Plaintiff and the Defendant owned one-half share of 1,673 square meters prior to Jeonnam-gun, Jeonnam-gun, and filed the instant lawsuit against the Defendant seeking partition of co-owned property based on the method of payment division.

2. With respect to the legitimacy of the instant lawsuit ex officio, the health department, the fact that the Defendant died on March 9, 2016, which was prior to the continuation of the instant lawsuit, is apparent in the record, and the presiding judge repeatedly issued an order to confirm the documents related to inheritance to the Plaintiff to correct the Defendant’s indication and reflect the correction of the Defendant’s purport and the cause of the claim. However, the Plaintiff continued to perform this order.

However, the basic principles of the Civil Procedure Act, which demand the rescue of the plaintiff and the defendant as the defendant, are weak (see Supreme Court Decision 2014Da34041, Jan. 29, 2015). In a case where the plaintiff was ordered to correct the indication of the defendant who died as the heir, but the plaintiff did not comply with such order, the lawsuit shall be dismissed as a judgment.

(see Supreme Court Order 70Ma103, Mar. 20, 1973). 3. Thus, the lawsuit in this case is an illegal lawsuit filed against the deceased person as the defendant and it is not possible to correct the defects. Thus, it is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 219 of the Civil Procedure Act.