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(영문) 서울북부지방법원 2020.07.09 2019가단155698
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Lawsuit against the deceased is unlawful because the basic principles under the Civil Procedure Act, which demand the rescue of the opposing party by the plaintiff and the defendant, are disregarded.

(See Supreme Court Decision 2014Da34041 Decided January 29, 2015). However, the fact that Defendant C died before the instant lawsuit is filed, and that the said court issued orders to submit an application for rectification of the indication of the party to the Plaintiff, if the Plaintiff’s heir was to the Plaintiff on two occasions on March 10, 2020 and April 27, 2020, ordering the heir to submit the application for rectification of the indication of the party to the Defendant. The fact that the Plaintiff failed to make correction within the period specified in the said order of correction is apparent in the record. Ultimately, the Defendant C’s lawsuit against the deceased is a lawsuit filed against the dead person (see Supreme Court Order 70Ma103, Mar. 20, 1973). This is unlawful.

In addition, the copy of the complaint of this case and the copy of the application for modification of the purport of the claim and the cause of the claim as of January 15, 2020 are not served to Defendant B on the grounds of the addressee's unknown, and even though this court ordered the Plaintiff to correct the address twice on March 10, 2020 and April 27, 2020, the fact that the Plaintiff did not make an amendment within the period specified in the above order of correction is apparent in the record.

Therefore, without holding any pleadings pursuant to Article 219 of the Civil Procedure Act, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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