공유물분할
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by each person:
ex officio, we examine the legitimacy of the instant lawsuit.
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). According to the foregoing legal doctrine, the Plaintiffs filed the instant lawsuit against the Defendants, F, and G, who are co-owners of the instant real estate, and the remaining co-owners of the instant real estate, and withdrawn the lawsuit against F, G on the third statutory date for pleading, and F, G agreed with the withdrawal of the lawsuit by the Plaintiffs, and eventually, the lawsuit against F, and G was terminated by withdrawal.
Therefore, the lawsuit against the Defendants is unlawful because it does not meet the requirements for unique indispensable co-litigation that should be entirely owned by the co-owners and thus, it is so decided as per Disposition by the assent of all participating Justices.