The judgment below is reversed and the case is remanded to Seoul High Court.

ex officio deemed.

1. When adult guardianship commences, a guardian shall become the legal representative of the ward (Article 938(1) of the Civil Act), substitute for the ward with respect to a juristic act concerning his property (Article 949(1) of the Civil Act), and an adult ward may conduct litigation only by the legal representative;

(Article 55(1) main text of the Civil Procedure Act). On the other hand, where adult guardianship commenced after filing a lawsuit and an adult ward loses litigation capacity, litigation procedures shall be interrupted, but adult guardian shall take over the litigation procedures as legal representative (Article 235 of the Civil Procedure Act). In such cases, a party is still under adult ward, and adult guardian is not a legal representative of an adult ward, but a party’s qualification is not taken over as a legal representative of

2. The record reveals the following: (a) A filed the instant lawsuit through his/her legal representative; (b) on May 19, 2015, a trial was rendered for commencement of adult guardianship with the Sungwon District Court Branch of Sungwon-nam Branch of 2014Ra1280 on May 19, 2015, stating that “A shall commence adult guardianship, appoint B as his/her adult guardian, and there is no restriction on the scope of his/her legal representation authority; (c) an adult guardian submitted to the first instance court a confirmation statement of the fact that he/she ratified a litigation act, such as the filing of the instant lawsuit, and then submitted a written application for rectification of indicating the party

Examining these facts in light of the above legal principles, the Plaintiff Party is still A in the instant litigation proceeding, and A’s adult guardian is merely involved in the instant litigation proceeding by taking over “legal representative” and does not have standing to sue.

Nevertheless, the court below, on the premise that an adult guardian has standing to sue upon commencement of adult guardianship for A, is the taking-over of the lawsuit of "A."