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(영문) 창원지방법원밀양지원 2017.12.20 2017가단10963

공유물분할

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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person:

Reasons

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F, and G, who are co-owners of the instant real estate, and the remaining co-owners of the instant real estate, and withdrawn the lawsuit against F, G on the third statutory date for pleading, and F, G agreed with the withdrawal of the lawsuit by the Plaintiffs, and eventually, the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.