공유물분할
1. The plaintiff's lawsuits against the defendant K and N are all dismissed.
2. The plaintiff's defendant B, C, D, E, F, G, H, I, J, M, andO
1. Facts of recognition;
A. The Plaintiff, Defendant B, C, D, E, K, L, M, N,O, and R had a co-ownership share registration under the name of the Plaintiff, Defendant C, C, D, K, K, M, N,O, and R.
B. The R died on March 15, 201 and succeeded to Defendant F, G, H, I, and J.
C. On December 31, 2012, the instant lawsuit is pending, Defendant L purchased the entire share of Defendant K and completed the transfer registration on February 28, 2013. Accordingly, Defendant L came to have the status of Defendant K’s assignee as well as the status of Defendant K’s assignee.
Defendant P purchased all shares of Defendant N on December 16, 2013 during the instant lawsuit, and completed the registration of transfer of shares on January 14, 2014. Accordingly, Defendant P became an intervenor of Defendant N’s acquisition.
E. Ultimately, the registration of co-ownership was completed in the name of the Plaintiff, the Defendants, and the assignee as shown in the attached Table 1 as to the land of this case.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 2 (including each number), the purport of the whole pleadings
2. We examine whether this part of the lawsuit against Defendant K and N is lawful ex officio in determining the legitimacy of the lawsuit against Defendant K and N.
Lawsuit for partition of co-litigation is an essential co-litigation in which a co-owner who claims partition becomes the plaintiff and all other co-owners shall be the co-defendant.
(see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). However, during the proceeding of the instant lawsuit, Defendant K and N transferred all their share in the instant land to the relevant acquiring participant, as seen earlier. As such, Defendant K and N are not co-owners of the instant land, and thus, Defendant K and N are not co-owners of the instant land. Accordingly, the Plaintiff’s lawsuit against Defendant K and N is illegal against a person who is not a party to the instant lawsuit.
3. Determination as to the plaintiff's remaining Defendants' claims
A. The Plaintiff’s assertion by the parties is the Plaintiff, Defendant B, C, D, E, F, G, H, I, J, M,O, and Defendant concurrently.