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(영문) 인천지방법원 2019.07.02 2018가단265514
공유물분할
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Lawsuit for partition of co-litigation is an essential co-litigation in which a co-owner who claims partition becomes the plaintiff and all other co-owners shall be the co-defendant.

(see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). The Plaintiff was ordered to dismiss the complaint on April 10, 2019 because the Plaintiff did not correct the address despite having received an order to rectify the address from co-owners F, G, and H, and the said order became final and conclusive as it is.

Therefore, the lawsuit of this case filed against only the other co-owners except the co-owners whose complaint is dismissed is unlawful because it does not meet the requirements for the lawsuit of an essential co-litigation to be a co-defendant.

It is decided as per Disposition by the assent of all participating Justices to dismiss the instant lawsuit.

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