logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2020.02.19 2019가단20962
공유물분할
Text

1. The plaintiff's lawsuit shall be dismissed.

2. Each real estate listed in the separate sheet shall be attached to the auction proceeds.

Reasons

1. Whether the plaintiff's lawsuit is legitimate

(a) Indication of claims: To be as shown in the reasons for the claims;

B. We examine the legality of the Plaintiff’s lawsuit ex officio.

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

(see Supreme Court Decision 2015Da50293, Feb. 18, 2016). According to the respective evidence Nos. 3 and 4, the Plaintiff’s respective shares in each real estate listed in the separate sheet are recognized as being transferred to the Plaintiff’s Intervenor on October 10, 2019, in which the instant lawsuit is pending, and thus, the Plaintiff’s instant lawsuit is unlawful.

Therefore, the plaintiff's lawsuit is dismissed.

2. Determination as to the claims of the Plaintiff’s succeeding intervenor

(a) Indication of claims: It is as shown in an application for participation in succession; and

(b) Grounds (1) A claim against Defendant C, D, and F: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(2)2) of the Civil Procedure Act: Judgment by service (Article 208(3)3 of the Civil Procedure Act)

arrow