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(영문) 대법원 2015.08.13 2015다18367

공유물분할

Text

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

Reasons

Judgment on the grounds of appeal shall be made ex officio.

1. A claim for division of inherited property is a non-litigation family non-litigation case of Category E as stipulated in Article 2(1)2(b)10 of the Family Litigation Act, and falls under the exclusive jurisdiction of the family court. Meanwhile, in cases where co-inheritors fail to reach an agreement on division of inherited property, or are unable to reach an agreement on division of inherited property, the co-inheritors may file a claim for adjudication on division of inherited property with the family court as prescribed by the Family Litigation Act, and it is not allowed to file a lawsuit for partition of inherited property under Article 268 of the Civil Act as to the individual property belonging to inherited property. 2. According to the reasoning of the judgment below and duly

The facts of joint inheritance: ② the Plaintiff filed an application for the registration of ownership transfer due to inheritance with respect to all co-inheritors regarding each of the instant real estate in subrogation of D in order to preserve D’s claim; on June 7, 2013 due to inheritance on June 8, 2009, the registration of ownership transfer was completed in accordance with D and the Defendants’ respective statutory shares in inheritance; ③ the Plaintiff filed the instant lawsuit claiming the partition of co-owned property on each of the instant real estate belonging to D’s inherited property by subrogation of D in order to preserve its claim against D; ④ the Plaintiff did not have asserted that the procedure of division of inherited property was completed, such as consultation among co-inheritors regarding the division of each of the instant real estate was concluded.

3. If so, the court below held that the Plaintiff’s claim in this case constitutes a case in which co-inheritors fail to reach an agreement on the division of each real estate of this case, which is inherited property, or are unable to reach an agreement among co-inheritors, and that there is an objection among co-inheritors.