공유물분할
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
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). The Plaintiff was issued an order to dismiss a complaint on July 23, 2018, by failing to correct the address despite having been served with the order to rectify the address of co-owners C, D, and E by the court. The said order to dismiss a complaint was finalized as it is.
Therefore, the lawsuit of this case filed against only the other co-owners except the co-owners whose complaint was rejected, falls under a case where it is inappropriate and not possible to correct the defect because it does not meet the requirements for an inherent indispensable co-litigation that should be the co-defendant, and thus, the lawsuit of this case shall be dismissed without pleading pursuant to Article 2