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(영문) 춘천지방법원원주지원 2017.08.29 2016가단32895
공유물분할
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. Each real estate listed in the annex 1 list shall be put to an auction.

Reasons

As to the legitimacy of the plaintiff's lawsuit against the defendants

A. We examine ex officio the plaintiff's lawsuit against the defendants.

B. A lawsuit claiming partition of co-owned property is an inherent indispensable co-litigation in which a co-owner who claims partition becomes the Plaintiff and all other co-owners become a co-defendant (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). Where a part of co-owners’ share is transferred to a third party while the lawsuit regarding partition of co-owned property is pending, and the co-owner’s share is succeeded to the lawsuit regarding partition of co-owned property but the previous party who transferred the co-owned share remains

C. According to the purport of Gap evidence No. 1 (including paper numbers; hereinafter the same shall apply), and the entire purport of the pleadings, the plaintiff may recognize the fact that on July 14, 2017, the plaintiff transferred all 1/8 shares of the plaintiff's successor to the plaintiff with respect to each real estate listed in the separate sheet No. 1 (hereinafter "each real estate of this case," and "real estate No. 1 through No. 3" in accordance with the separate sheet No. 1).

The Plaintiff is no longer a co-owner of each real estate of this case, and the Plaintiff’s lawsuit against the Defendants is unlawful.

Plaintiff

1) As of the date of the closing of argument in this case, each of the instant real estate claims by the succeeding intervenor and the Defendants is jointly owned by the Plaintiff’s succeeding intervenor and the Defendants, and the shares of the Plaintiff’s succeeding intervenor and the Defendants are as listed in the separate sheet No. 2 (Defendant H, I, J, and K succeeded to 1/8 shares of the present real estate of the deceased L as of May 31, 201 as the deceased’s children, and succeeded to 1/8 shares of the present real estate of the deceased L as of May 31, 201, and the shares

(2) The Plaintiff’s succeeding Intervenor and the Defendants did not reach an agreement on the method of dividing each of the instant real estate.

3. As to the shares of Defendant D among each of the instant real estate.

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