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(영문) 서울북부지방법원 2020.08.13 2017가단103020
공유물분할
Text

1. The plaintiff's action against the defendant J shall be dismissed.

2.Indication of the Attached Drawings among the real estate listed in the Attached List;

(a) 14,8,00;

Reasons

1. We examine, ex officio, whether the Plaintiff’s action against Defendant J against Defendant J is legitimate or not.

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

(See Supreme Court Decision 2015Da50293 Decided February 18, 2016, etc.). According to the purport of the entirety of the statements and arguments in Evidence Nos. 1 and 4 as to the instant case, Defendant J during the course of the instant lawsuit, during the course of the instant lawsuit, recognized that Defendant J completed the entire transfer registration of shares in the real estate recorded in the separate sheet on August 31, 2018 to K on the ground of transaction on August 1, 2018. The Plaintiff filed an application for the acquisition of the lawsuit against the Intervenor K on November 6, 2019 on the ground that the said shares were transferred, and this court permitted this, and Defendant J did not withdraw from the instant lawsuit until the closing date of the proceedings in this case until the date of the instant lawsuit is specified in the record.

Therefore, the plaintiff's lawsuit against the defendant J is unlawful because it has no standing to sue.

2. Judgment on the merits

A. As seen earlier, Defendant J, on August 31, 2018, transferred his/her share to K among the real estate listed in the separate sheet, and according to the overall purport of Gap evidence Nos. 1 and 4, the Plaintiff and the Defendants owned the real estate listed in the separate sheet No. 1/9 shares, respectively. ② Defendant B died after the instant lawsuit was filed, and Defendant B, the heir, C, the heir.

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