Main Issues
Ministry of Justice of the Special Representative and Ministry of Justice of the Special Representative
Summary of Judgment
A special representative appointed pursuant to Article 58 of the Civil Procedure Act may not only respond to a lawsuit filed by the other party in accordance with the decision on appointment, but also may file and perform the lawsuit by himself/herself, and such procedural acts do not require the special authorization under Article 58 (4) of the Civil Procedure Act.
[Reference Provisions]
Article 58 of the Civil Procedure Act
Claimant-Appellee
Claimant
appellee-Appellant
The respondent 1, 2
Judgment of the lower court
Gwangju High Court Decision 81Reu18 delivered on June 1, 1982
Text
The appeal is dismissed.
The costs of appeal shall be assessed against the respondent.
Reasons
We examine the grounds of appeal by the respondent.
According to the court below's decision, the court below held that the defendant's claim of this case is legitimate for the defendant's defense of this case to the effect that it is unlawful as a plaintiff's plaintiff's plaintiff's main defense of this case's main defense as a plaintiff without the right of representation. The court below's decision to appoint non-party 1 as the special representative of the claimant for the adjudication on division of inherited property upon the plaintiff's request by non-party 1, the defendant's mother's mother's mother's mother's mother's mother's mother's non-party 1 as the special representative for the adjudication on division of inherited property is legitimate. The above special representative can respond to the lawsuit filed by the other party according to his decision on appointment, and can bring a lawsuit and carry out such litigation, and it does not require the special right of approval under Paragraph 4 of the same Article. Thus, the court below's decision that the court below's decision is justified in finding that the defendant's share of this case's inherited property and the defendant's inherited property's share of this case's non-con with the court's judgment.
We cannot accept the conclusion of the judgment of the court below on the ground that the court below's independent opinion on the facts that the court below did not recognize and the provisions of Articles 1013 and 269 of the Civil Code is erroneous.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices O Sung-sung(Presiding Justice)