If an absentee dies, the authority of the administrator of such property

As long as the decision to appoint an absentee property administrator was made, even if the absentee died, the power of the administrator, as long as such decision is not revoked, shall not naturally become extinct.

Article 23 of the Civil Act

No. 50

Defendant 1 and one other

Masan Support in the first instance, Daegu High Court Decision 66Na336 delivered on October 22, 1966

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

The Plaintiff’s ground of appeal is examined.

On the other hand, even if the decision of appointment of an absentee administrator was made by the court, the right of an absentee administrator appointed by the court is not extinguished unless the above decision is cancelled by legitimate procedure. However, in this case, there is no record that the decision of appointment of an absentee administrator as to the sexual order is cancelled by legitimate procedure. Nevertheless, the court below determined that the principal lawsuit should be dismissed by the reason that the plaintiff, an absentee, has already died by evidence, should be dismissed by being illegal. Accordingly, it should be caused by the misapprehension of the legal principles on the validity of the decision of appointment of an absentee administrator, and therefore, it is difficult to reverse the original judgment.

Therefore, the original judgment is reversed, and the case is to be tried and judged again by the original court, and it is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court Na-Ba (Presiding Judge) and Do-dong Kimchi-baking Board