상속인 중 일부만 수계절차를 밟은 판결에 대한 상소의 효력범위 -대법원 2023. 8. 18.자 2022그779 결정을 중심으로-

Abstract

Because civil litigation takes a long time, one party may die during the litigation. In this case, if the litigation relationship is simple, there will be no problem. However, if the inheritance relationship is complex and some heirs do not want to be involved in the deceased's lawsuit, there may be heirs left out of the succession process. The question is how heirs who are omitted from the succession process can receive relief. The Supreme Court(decided on August 18, 2023, 2022Geu779) recently made an important decision on the case where the party died and only some heirs were sentenced to take over the proceeding during the continuation of the lawsuit, and the litigation representative of the deceased, who had special authority over the appeal, made a direct appeal. In other words, it is reasonable to consider that an appeal has been filed against all of the above decisions in light of the reasonable intention of the person who filed the appeal. And after the deceased's litigation representative, who is granted special authority to file an appeal, files an appeal, the litigation proceedings for the heir excluded from the succession process are suspended, so an application for transfer of the proceedings can be made to the appellate court. The above decision is considered reasonable in that it is in accordance with the provisions of the Civil Procedure Law and takes into account the reasonable intention of the litigation representative filing the appeal.