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소장송달 전에 사망한 사람을 당사자로 한 판결의 효력과 상소, 수계 - 대법원 2015. 1. 29. 선고, 2014다34041 판결 -
Author
오상현
Journal Title
법조
Publication Year
2016
Topics
Summary
This judgment concerns the validity of a judgment against a defendant who was already deceased at the time of the lawsuit or died before service of process, reaffirming existing precedents that such judgments are void and appeals or successions of litigation by heirs are improper, and for the first time ruling that the same principle applies even if death occurs before service of process. However, the interpretation regarding the appeal by the heir differs slightly from conventional doctrine, and considering the possibility of misuse due to the apparent validity of the judgment, it suggests canceling the judgment and dismissing the lawsuit instead of dismissing the appeal.
