beta
Text
1. The plaintiff B's lawsuit against the defendants is dismissed.
2. Attached 2 Map 5, 6.0
Reasons
1. Plaintiffs A5/42 Plaintiff B 5/42 Defendant D4/42 Defendant E4/42 Defendant F4/42 Defendant G 4/42 Defendant G 4/42 Defendant H 4/42 Defendant H 4/42 Defendant A4/42 Defendant J 8/42
A. As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”), the Plaintiffs and the Defendants shared their shares in the following table.
B. On March 3, 2017, the pending lawsuit in the instant case was filed by the succeeding intervenor on March 3, 2017, in which the Plaintiff, the succeeding intervenor, and the Defendants were finally sharing the entire share transfer registration due to the purchase and sale on March 3, 2017 with respect to the Plaintiff B’s shares among each of the instant real estate, according to their share ratio indicated in the following table: (a) Plaintiff A, the succeeding intervenor, and the Defendants were jointly sharing the share ratio indicated in the following table, in proportion to their share ratio: (b) Plaintiff A5/42 succeeding intervenors, Defendant D4/42, Defendant E4/42, Defendant E4/42, Defendant H 4/42, Defendant H4/42, Defendant H4/42, and Defendant J 8/42
C. The agreement between the Plaintiff A, the succeeding Intervenor and the Defendants on the prohibition of partition on each of the instant real estate does not exist, and the agreement on whether to divide and the method of division has not been reached.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (including, if any, various numbers) and the purport of the whole pleadings
2. We examine, ex officio, the legitimacy of the Plaintiff B’s lawsuit on the legitimacy of the lawsuit.
A lawsuit claiming a partition of co-litigation is an inherent indispensable co-litigation in which a co-owner who claims a partition becomes the Plaintiff and all other co-owners are to become a co-defendant (see, e.g., Supreme Court Decision 2013Da78556, Jan. 29, 2014). If a part of co-owners’ share is transferred to a third party during the ongoing litigation as to a partition of co-owned property, and the co-owner’s share is transferred to a third party and the previous party who transferred the co-owned share remains without withdrawing
Therefore, the above facts of recognition are recognized.