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(영문) 대구지방법원 2019.03.08 2018가단7945
공유물분할등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

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 the complaint on January 17, 2019, by failing to correct the address despite having been served with the order to correct the address of co-owners C, D, E, and F by this Court. The said order to dismiss the 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 is dismissed is inappropriate and it is not possible to correct the defect because it does not meet the requirements for the lawsuit of an essential co-litigation to be a co-defendant.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss the lawsuit without holding any pleadings pursuant to Article 219 of the Civil Procedure Act. It is so decided as per Disposition.

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