공유물분할
1. All lawsuits against Defendant C and D among the instant lawsuits are dismissed.
2. Attached Form 1 among the 2,503 square meters of F Forest in Echeon-si.
The facts are as follows: (a) with respect to the forest land of this case 2,503 square meters (hereinafter “the forest of this case”), the Plaintiff owned 2/8 shares; (b) the shares of Defendant B 4/8; and (c) the shares of Defendant C/D each 1/8 shares; and (d) Defendant C/D rendered a decision to accept the lawsuit of this case for Defendant C/D on February 8, 2019, after the filing of the lawsuit of this case; (b) the ownership transfer registration was completed on February 2, 2019 for each 1/8 shares of the forest of this case owned by Defendant C/D (hereinafter “the successor transferee”); (c) the Plaintiff filed an application for the registration of ownership transfer on March 8, 2019 on the grounds of the above transfer of ownership; (d) the Plaintiff did not have any dispute over the acquisition of the forest of this case between the parties to the lawsuit of this case and the Plaintiff’s withdrawal from the forest of this case by June 25, 2019.
Inasmuch as a co-owner who claims partition as to the legitimacy of a lawsuit against Defendant C and D becomes the Plaintiff and all other co-owners shall become the co-defendant, it is unlawful in the case where the whole shares of some co-owners are transferred to a third party during the continuation of the lawsuit as to the partition of co-owned property, and the transferee of co-owned shares remains without withdrawal of the previous party who transferred the co-owned shares, even though he/she succeeded to or participated in the lawsuit as to the partition of co-owned property
(Supreme Court Decision 2015Da50293 Decided February 18, 2016). As seen earlier, Defendant C and D pertaining to the instant forest land to E, the successor of which during the instant lawsuit, is a successor.