1.The appeal of the applicant for the proceedings in the deceased B shall be dismissed.

2. The appeal cost is the deceased B applicant for the proceedings.

1. Determination on the legitimacy of the appeal of this case

A. The filing of a lawsuit against the deceased is unlawful because the basic principles of the Civil Procedure Act requiring the rescue of the plaintiff and the defendant, which require the rescue of the opposing party, and thus, a substantial litigation relationship cannot be achieved. Thus, even if the judgment of the first instance was rendered in such a situation, the judgment is null and void as a matter of course, and the filing of an appeal by the deceased

(Supreme Court Decision 2014Da34041 Decided January 29, 2015, etc.). B.

On October 31, 1982, the Plaintiff asserted that he purchased 813 square meters (hereinafter “instant land”) prior to D, Namyang-si, Namyang-si, Defendant B, and that Defendant B filed the instant lawsuit seeking the implementation of the procedure for the registration of ownership transfer with respect to the instant land and received the judgment of the first instance court by service by publication.

However, according to the statement No. 1-3 of the evidence No. 1-3, Defendant B had already died on December 10, 1978. Accordingly, the judgment of the first instance court is a judgment rendered in the lawsuit filed against the deceased B as the defendant, and the appeal of this case by the deceased B’s heir or the application for the continuation of lawsuit is also unlawful.

2. In conclusion, the appeal of this case by the deceased B’s request requester is unlawful, and it is so decided as per Disposition.