1. The instant lawsuit shall be dismissed.

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

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). The Plaintiff was ordered to dismiss the complaint on February 28, 2019 because the Plaintiff did not revise an address despite having been served with an order to rectify the address with respect to co-owners’ funeral support by this court. The order to dismiss the complaint became final and conclusive as it is.

Therefore, the lawsuit of this case filed against only the other co-owners except the co-owners whose complaint is dismissed is inappropriate and it is not possible to correct the defect because it does not meet the requirements for the lawsuit of an essential co-litigation to be a co-defendant.

As such, the lawsuit of this case is unlawful, and it is so decided as per Disposition by the assent of all participating Justices to dismiss the lawsuit without holding any pleadings.