1. The instant lawsuit shall be dismissed.

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

1. We examine ex officio determination as to the legitimacy of the instant lawsuit, ex officio.

The Plaintiff, prior to the filing of the instant lawsuit, filed a lawsuit on the partition of co-owned properties against 28 co-owners of Dongducheon-si C & 166 square meters (hereinafter “instant land”), including D, the inheritee’s decedent, and won the final judgment (hereinafter “final judgment prior to the instant lawsuit”). However, the Plaintiff asserted that only the Defendants, the heir of D, seeking a partition of co-owned properties of the instant land, seeking the partition of co-owned properties, on the grounds that it is difficult for execution by filing a lawsuit without knowing the death of D at the time, without having knowledge that D had already died.

In light of the above legal principles, the court below's judgment against the deceased party is null and void (see, e.g., Supreme Court Decisions 2014Da34041, Jan. 29, 2015; 201Da1741, Feb. 9, 1971). The court below's judgment against the deceased party is just and void (see, e.g., Supreme Court Decisions 2014Da34041, Jan. 29, 2015; 2003Da44615, 44622, Dec. 12, 2003). According to the evidence No. 1 and 2, the court below's judgment against the deceased party is unlawful since the plaintiff co-ownership was recognized by many other persons than the defendants as of the closing date of pleadings. Thus, the court below's judgment against the Defendants' inherent co-ownership of the land in this case, which did not satisfy only the plaintiff's own qualification to file the lawsuit against all co-ownership.

2. As such, the instant lawsuit is unlawful and dismissed.