공유물분할
All of the plaintiffs' lawsuits are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. The Plaintiffs filed the instant lawsuit against the Defendant seeking partition of co-owned property on the instant land, asserting that the Plaintiffs and the Defendant shared 1/2 shares (i.e., the Plaintiff A: 3/10 shares, and (ii) the Plaintiff B: 2/10 shares) respectively.
However, the partition of co-litigation is a unique indispensable co-litigation in which a co-owner claiming partition becomes the plaintiff and all other co-owners are co-defendants (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). According to the whole purport of each entry and pleading in the evidence No. 7 and No. 8 (including a provisional number) other than the plaintiff, the defendant of the partition of co-owned property lawsuit shall be all the remaining co-owners except the plaintiff. According to the purport of all entries and arguments in the evidence No. 7 and No. 8 (including a provisional number), the land in this case is recognized that the plaintiffs shared 1/3 shares (1: 3/15 shares, 2: 2/15 shares), the defendant shared 1/3 shares, and 1/3 shares, and therefore, the lawsuit of the partition of co-owned property in this
2. In conclusion, the plaintiffs' lawsuit of this case is inappropriate as the plaintiffs' standing to sue, and it is so decided as per Disposition by the assent of all.