Lawsuits relating to the return or removal of an article jointly owned are not required co-litigations.

Lawsuits relating to the return or removal of an article jointly owned are not required co-litigations.

Article 63 of the Civil Procedure Act, Article 262 of the Civil Act

65Da2455 decided Mar. 15, 1966; 68Da1102 decided July 31, 1968

Plaintiff

Defendant 1 and one other

Seoul High Court Decision 68Na85 delivered on March 28, 1969

The original judgment is reversed, and the case is remanded to Chuncheon District Court Panel Division.

The grounds of appeal by the plaintiff are examined.

According to the judgment of the court below, among the arguments 478 of the decision of the court below, the court below stated 18 meters in length and 1 meter in width on the ground of the annexed section of the decision, which is the plaintiff's ownership (the posts are installed on the ground of the court below in order to prevent the passage of the river between South and North Korea, and only attached to the above discussion) and recognized that the posts are installed on the ground of the court below in order to prevent the passage of the river between South and North Korea, and if flood occurs due to the installation of posts, the above posts are serious damage caused to the above issues, the court below decided that the plaintiff's claim for removal of the posts against the defendants who installed the above posts on the ground of the ownership of the above 478 ground of the decision, as recognized by the plaintiff and the non-party and the non-party and the non-party 3's joint ownership, and that the lawsuit seeking removal of the posts should be decided on the whole co-owners by the above decision of the court below as 60-15.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Ma-dong Ma-dong