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(영문) 인천지방법원 2017.06.13 2016가단2764
공유물분할
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

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 Supreme Court Decision 2013Da78556 Decided January 29, 2014, etc.). The Plaintiffs, as co-owners of real estate listed in the separate sheet (hereinafter “instant real estate”), filed the instant lawsuit against the Defendants and Nonparty K, the remaining co-owners, and submitted a written withdrawal on October 25, 2016. However, the Defendants consented thereto, and the Plaintiffs’ instant lawsuit against Nonparty K was terminated by withdrawal of the lawsuit.

(1) The Plaintiff concluded that the Plaintiff would purchase K’s share in the instant real estate and transfer the share, but did not submit any data related thereto). Therefore, the instant lawsuit is unlawful as it does not meet the requirements for the inherent essential co-litigation that the co-owner should be a co-defendant, and thus, it is so decided as per Disposition.

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