[1] The legal nature of the lawsuit claiming ownership transfer registration of real estate owned by the partnership (=the requisite co-litigation)

[2] The ownership ownership ownership ownership where part of the joint owners died

[1] A lawsuit seeking the implementation of the procedure for the registration of ownership transfer on the ground of the termination of title trust with respect to a real estate which has become a joint ownership transfer registration is a lawsuit on the joint ownership, and is a lawsuit on the joint ownership, and thus, all of the joint owners shall be the defendant, and the joint owners shall be confirmed to be jointly and severally against all the joint owners. Thus, a lawsuit against some of the joint owners shall not be permitted.

[2] Where part of the real estate is deceased, the inheritor of the deceased person cannot succeed to the status as the partnership-ownership unless otherwise specifically agreed by the partnership-ownership. Therefore, where there are more than two partnership-ownerships, the pertinent real estate shall belong to the partnership-ownership of the remaining partnership-ownership, and where there are only one partnership-ownership, the remaining partnership-ownership shall belong to the sole ownership of the remaining partnership-ownership.

[1] Article 271 of the Civil Act; Articles 63, 206, and 239 of the Civil Procedure Act / [2] Article 271 of the Civil Act

[1] Supreme Court Decision 83Da54064 decided Oct. 25, 1983 (Gong1983, 1742), Supreme Court Decision 90Nu5184 decided Jun. 25, 1991 (Gong1991, 2048), Supreme Court Decision 93Da54064 decided Oct. 25, 1994 (Gong1994Ha, 3081) / [2] Supreme Court Decision 93Da39225 decided Feb. 25, 1994 (Gong194, 1093)

Sub-speak-si (for regular use as attorney-at-law)

An enzyme;

Seoul High Court Decision 95Na33421 delivered on May 3, 1996

The judgment below is reversed and the case is remanded to Seoul High Court.

Before determining the grounds of appeal, we examine it ex officio.

The lawsuit in this case is a lawsuit seeking the implementation of the procedure for the registration of ownership transfer on the ground of the cancellation of title trust with respect to the real estate which became the registration of ownership transfer due to the combination of five persons, including the defendant, the first instance court's contribution to the protection of the defendant, the filial force interference, the anti-debrison, the non-party decision-making, etc. Thus, this lawsuit is an essential co-litigation as a lawsuit concerning the combination of property (see Supreme Court Decision 83Meu850 delivered on October 25, 1983). Accordingly, all of the joint owners shall be decided to be the defendant as well as all of the joint owners as the joint owners, so it is not permitted to take part of the appellant's failure or the joint owners.

However, upon examining the progress of the case, the plaintiff filed the lawsuit of this case against the defendant who is the title holder of the registration of this case and the non-party's heir of the first instance court, who is the title holder of the registration of this case, and as such, the plaintiff acknowledged the claim against the defendant of the first instance court among the above inheritors, the plaintiff withdrawn the lawsuit against the remaining defendants among the above inheritors, and the court of first instance decided that the withdrawal of the above claimant's abortion and lawsuit is valid, and the court of first instance only decided that the defendant's appeal against the defendant's defense effect crime is limited to the appeal against the defendant.

However, unless there is a special agreement between the joint owners of real estate, the heir of the deceased joint owners does not succeed to the status as the joint owners, and it is the view that the remaining joint owners of real estate should belong to the joint owners of the remaining joint owners if there are two or more joint owners of real estate, and if there are only one joint owners, the remaining joint owners shall belong to the sole owners of the remaining joint owners (see Supreme Court Decision 93Da3925 delivered on February 25, 1994). Thus, in this case where the non-party joint owners of real estate die, the scope of the joint owners should vary depending on whether there was such special agreement among the registered owners of the joint owners, but the court of first instance and the court of appeal did not examine all the above facts, and did not examine the above facts, and did not err in the misapprehension of legal principles as to the withdrawal of the lawsuit against the non-party joint owners, and thus, the judgment of the court below is unlawful.

Therefore, the judgment of the court below is no longer maintained, and it is reversed without examining the grounds of appeal, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)