1. The instant lawsuit shall be dismissed.

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

Basic Facts

On October 11, 2017, the Plaintiff and C purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant in the purchase price of KRW 3.12 billion, and entered into a contract with the Plaintiff and C to pay the remainder of KRW 1.126 million until November 15, 2017 (hereinafter “instant contract”). The Plaintiff and C shall pay the remainder of KRW 1.154 billion to the Defendant (hereinafter “instant contract”). The Plaintiff and C shall pay the remainder of KRW 1.126 million until November 15, 2017 (hereinafter “instant contract”).

After entering into the instant sales contract, the Plaintiff and C paid each of KRW 788 billion to the Defendant.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 5, and the purport of the entire pleadings, the defendant's main defense and Eul concluded a partnership contract with the defendant to purchase the real estate of this case and to distribute half of profits generated therefrom.

Therefore, the right to claim for ownership transfer registration on the instant real estate constitutes a partnership property, and there is no standing for the plaintiff among the union members.

Judgment

The partnership agreement under the Civil Act is a contract under which two or more persons agree to jointly invest in a trade name to operate a business, and the property of the partnership belongs to the partnership. Since the lawsuit on the claims belonging to the partnership property is a lawsuit on the partnership property, it constitutes an essential co-litigation to be filed jointly by the partnership members, barring any special circumstance.

(see, e.g., Supreme Court Decision 2008Da50691, Apr. 29, 2001). Accordingly, the right to claim for ownership transfer registration under the instant sales contract consists of the Plaintiff and C.