The judgment below

The part against Defendant B is reversed, and the judgment of the first instance as to this part is revoked, and this part is revoked.

1. We examine ex officio the legitimacy of the lawsuit against the defendant B.

As the basic principles of the Civil Procedure Act demanding the rescue of the plaintiff and the defendant, the filing of a lawsuit with the deceased is inappropriate, and thus, a substantial litigation relationship cannot be formed.

Even if the judgment of the first instance and the judgment of the appellate court are rendered on this lawsuit, such judgment shall be null and void automatically, and an appeal or a motion to resume a lawsuit by the deceased's heir is unlawful.

(see, e.g., Supreme Court Decisions 69Da929, Mar. 24, 1970; 2014Da34041, Jan. 29, 2015). This applies likewise to cases where a defendant dies before a duplicate of complaint is served after filing a lawsuit.

B. The record reveals the following facts.

(1) The remaining Defendants except the Plaintiff and Defendant B are children of the network K and Defendant B.

(2) On July 17, 2014, the Plaintiff filed the instant lawsuit with the Defendants as co-defendant. The first instance court served a duplicate of the complaint with Defendant B’s domestic address, but was not served as a closed door absence on July 28, 2014.

The first instance court served a duplicate of the complaint to the corrected address following the correction of the plaintiff's address, but was not served on January 11, 2015.

(3) The first instance court, which is a domicile overseas to Defendant B, served as New York State Y (YNY, USA), which is a domicile overseas to Defendant B, was stated in the service report as served on July 14, 2015, but cannot be confirmed that the actual receipt of the document was made.

After September 16, 2015, the defendant's attorney submitted to the court a letter of delegation of the lawsuit to the court that he was delegated with the lawsuit by the defendant B.

The judgment of the first instance was rendered on June 15, 2016.

(4) Upon the Plaintiff’s appeal, the Defendant’s attorney submitted a letter of delegation of lawsuit to the effect that he/she was delegated the litigation by Defendant B on September 8, 2016.

The lower judgment was pronounced on June 8, 2017.

(5) Thereafter, Defendant C, D, E, G, H, I, and J.