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1. Each part of the instant lawsuit against the Appointor B, C, and D shall be dismissed.
2. The Plaintiff (Appointed Party) A, the Appointed K, L, and.
Reasons
1. We examine whether the part of the instant lawsuit against the designated parties is lawful ex officio with respect to each of the claims by the designated parties B, C, and D.
Inasmuch as a co-owner’s claim for partition becomes the Plaintiff and the other co-owners shall become the co-defendant, in case where the co-owner’s share was transferred to a third party during the continuation of a lawsuit for partition, and the previous co-owner who transferred co-ownership share remains without withdrawal in the lawsuit for partition of co-owned property, the previous co-owner’s lawsuit against the previous co-owner is unlawful, since the standing to sue
(See Supreme Court Decision 2013Da78556 Decided January 29, 2014). The Selection Party B, on May 12, 2017, in the proceeding of the instant lawsuit, completed the share transfer registration with respect to his/her own share among the real estate listed in attached Table 1. List 1 (hereinafter “instant land”), and S completed the share transfer registration with respect to the Intervenor on August 29, 2017, and the Intervenor succeeded on September 27, 2017.
In addition, the designated parties D during the instant lawsuit pending, March 22, 2018, and the appointed parties C, March 29, 2018, the intervenor completed the registration of transfer on each of the instant land ownership shares to the intervenor, and the intervenor succeeded on April 20, 2018 on this ground.
However, B, C, and D, who is the original party, still remains without withdrawal.
Therefore, the part concerning the above designated parties among the lawsuit of this case is unlawful as there is no standing to be a party.
2. Judgment on the merits of the Intervenor, the Plaintiff (Appointed Party) and the remaining designated parties
A. According to the facts acknowledged prior to the occurrence of the right to partition of co-owned property, and the written evidence No. 1, the plaintiff (appointed party) and the designated parties and the defendants shared the land of this case at the corresponding share ratio listed in the list No. 3. The designated parties B, C, and D after the institution of the instant case, are transferred to the intervenors the share in the land of this case, and now the designated parties are co-owners.