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(영문) 광주지방법원 2021.01.14 2020나54974
부동산매도청구
Text

1. All appeals filed by the applicants for each taking over of the proceedings between the deceased B and the deceased C shall be dismissed.

2. The appeal costs are as follows: the network B and the network C, respectively.

Reasons

1. The following facts of recognition are either of the parties to a dispute or of a record:

A. On July 11, 2014, the Plaintiff filed the instant lawsuit jointly with D, E, F, G, H, I, J, K, L, U, N,O, P, Q, R, T, M, and B, and C.

B. The first instance court served a duplicate of the complaint on B and C’s address indicated in the complaint, but on July 17, 2014, B was not served on B and C due to the addressee’s unknown address and C’s unknown address unknown. Since then, the first instance court served the Plaintiff’s public notice application following the order of correction of address, etc. on B and C by means of public notice, and sentenced the Plaintiff’s winning judgment on April 10, 2015 at the end of the pleading, and served on B and C by means of public notice. The first instance court also served on B and C the copy of the complaint and the date of pleading.

(c)

On the other hand, B and C died around 1940 to 1950. The inheritor of B has AL, AM, N, AO, AP, Q, and C have AR, AS, AT, and AU.

(d)

On March 31, 2020, B and C filed a subsequent appeal against the judgment of the first instance on March 31, 2020, and filed an application for correction of the indication of the party indicated as the assignee of the lawsuit.

2. Determination on the legitimacy of the subsequent appeal

A. In a case where a person who died of the relevant legal doctrine is the defendant, the action is an influence of the basic principles under the Civil Procedure Act, which requires the rescue of the plaintiff and the defendant against the opposing party, and the substantial litigation relationship cannot be achieved. Therefore, even if the judgment of the court of first instance was rendered in such a situation, the judgment is null and void, and the defendant's heir who died of the judgment, is illegal to file an appeal or a request for the continuation of the lawsuit,

This legal doctrine applies likewise to the case where the defendant died before the service of a duplicate of the complaint after the filing of the suit (see Supreme Court Decision 2014Da34041, Jan. 29, 2015). B. In light of the foregoing legal doctrine, the instant case is in question.

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