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(영문) 서울중앙지방법원 2020.07.10 2019가단5023445
공유물분할
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. It shall be put up for auction 5,939 square meters of K forest in Kimpo-si.

Reasons

1. We examine whether the plaintiff's lawsuit against the defendants is legitimate or not, ex officio, as to the plaintiff's lawsuit against the defendants.

Inasmuch as a co-owner’s claim for partition is an inherent indispensable co-litigation in which all other co-owners are to become the Plaintiff and become a co-defendant, where the whole share of some co-owners is transferred to a third party during the litigation as to a partition of co-owned property, and the previous party who transferred the co-owned share remains without withdrawal, even though the co-owner participated in or participated in the litigation on the partition of co-owned property,

(see Supreme Court Decision 2015Da50293, Feb. 18, 2016). According to the purport of the entire pleadings, the Plaintiff’s share of 5,939m2 (hereinafter “instant real estate”) in Kwipo-si Kimpo-si, Kimpo-si is recognized as having been transferred to the Plaintiff’s succeeding Intervenor on April 13, 2020, while the instant lawsuit is pending, and thus, all of the Plaintiff’s lawsuit against the Defendants is unlawful.

2. The plaintiff succeeding intervenor's claim against the defendants

A. 1) In the event of Kimpo-si, K forest 5,939 square meters (hereinafter “instant real estate”).

(2) The Plaintiff’s Intervenor and the Defendants shared at each ratio of the following: (a) the Plaintiff’s Intervenor and the Defendants shared the share of the Plaintiff’s Intervenor and the Defendants at the rate of 15872/118780; (b) Defendant D, E, 13845/118780; (c) Defendant F 9230/118780; and (d) Defendant G 23756/118780; (b) Defendant H 18512/118780; (c) Defendant I 13128/118780; and (d) Defendant J. 10592/118780.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. 1) According to the above facts acknowledged as above, the plaintiff succeeding intervenor may file a claim for partition of co-owned property as to the real estate of this case against the defendants pursuant to Articles 268 and 269 of the Civil Act. 2) The method and contents of partition of co-owned property is decided.

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