1. The instant lawsuit shall be dismissed.

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

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

Prior to the Plaintiff’s filing of the instant lawsuit, Defendant B filed a lawsuit against the Plaintiff and the remaining Defendants on May 22, 2015, regarding the claim for partition of co-owned property (this Court No. 2015Da4407) as to the land of 25,968㎡-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) with the Plaintiff and the other Defendants, is significant in this Court.

As a lawsuit for partition, the court in the lawsuit for partition of co-owned property is able to divide the co-owned property in a reasonable manner according to free discretion without having the right to seek it by the person who requested the partition of co-owned property. Thus, there is a difference in the contents of the claim as to the

Even if the co-owned property is identical to the co-owned property subject to division, it will be the same litigation.

Therefore, while a lawsuit seeking partition of co-owned land of this case is pending, the plaintiff again brought a lawsuit seeking partition of co-owned land of this case against the prohibition of double lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.