logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2017.12.20 2017가단10963
공유물분할
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person:

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

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). According to the foregoing legal doctrine, the Plaintiffs filed the instant lawsuit against the Defendants, F, and G, who are co-owners of the instant real estate, and the remaining co-owners of the instant real estate, and withdrawn the lawsuit against F, G on the third statutory date for pleading, and F, G agreed with the withdrawal of the lawsuit by the Plaintiffs, and eventually, the lawsuit against F, and G was terminated by withdrawal.

Therefore, the lawsuit against the Defendants is unlawful because it does not meet the requirements for unique indispensable co-litigation that should be entirely owned by the co-owners and thus, it is so decided as per Disposition by the assent of all participating Justices.

arrow