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(영문) 서울서부지방법원 2016.11.25 2015가단3429
토지공유물분할
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

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

The lawsuit for partition of co-owned property in this case is a necessary co-litigation in which all the co-owners should participate in the lawsuit. In full view of the purport of the entire arguments in Eul 2-1 and 2-2, the defendants (defendant C, D, E, F, G, H, I, J, J, K, L, M, and N, etc.) sold their co-owned shares to a third party during the proceeding of the lawsuit in this case, and the registration of ownership transfer was completed, the plaintiff made it clear that the plaintiff did not intend to have the co-owners who newly acquired co-owned shares as of the date of the second pleading in this case as the acquiring intervenor.

(On the other hand, the plaintiff submitted a written withdrawal of the lawsuit to this court on October 7, 2016, but the defendantO consented to the withdrawal of the lawsuit). Thus, the lawsuit in this case is an illegal lawsuit against only a part of the co-owners, and thus, it is dismissed.

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