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1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The summary of the plaintiffs' assertion, G, H, J, and nine persons, including the plaintiffs, G, and Defendant, respectively, owned 101, 102, 103, 201, 202, 203, 301, 302, 302, 303, 302, and 303 of the Eunpyeong-gu Seoul Metropolitan Government KK's ground-based tenement loan. Around 2010, some households reconstructed the above apartment house and owned it directly and partly owned by some households to cover the cost of construction for the project, and the status of the members of J was transferred in sequence to M and I.
During the re-building process, the above association borrowed 1,350,000 won for the above house site and new building as security from the Eunpyeong Saemaul Depository, and each union member borrowed 1,50,000,000 won for each union member, and 675,00,000 won for each union member paid 75,000,000 won for relocation expenses, and the remainder was appropriated for the construction cost.
Accordingly, loans of 150,000,000 won are extended to the defendant as security for new buildings, etc., and the defendant used 75,000,000 won among them as moving expenses.
However, since the new building offered as security is owned by the plaintiffs and nine members including the defendant, it can be seen as a offerer in the above loan in the name of the defendant. Since the auction procedure was conducted for the new building which is a security, and the above union lost its ownership, the above union shall exercise its right to indemnity for loss of security against 75,000,000 won used as the moving expenses, and it shall seek payment of KRW 30,000,000 with the partial claim.
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
Since the properties of a partnership belong to the partnership's partnership's partnership's partnership's partnership's partnership's properties, a lawsuit concerning claims belonging to partnership's properties constitutes an essential co-litigation to be filed jointly by partners, unless there are special circumstances.
Supreme Court on November 29, 2012