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(영문) 부산가정법원 2017.9.1.자 2017느단2676 심판

상속재산관리인선임

Cases

2017 Pool2676 Appointment of an administrator of inherited property

Claimant

A

Address

Principal of the case

net A (1920s, n, n)

Final Address

Reference domicile

Imposition of Judgment

September 1, 2017

Text

The appeal of this case is dismissed.

Reasons

The claimant is seeking to appoint an administrator of inherited property because the existence of the deceased A's property is unclear.

However, an administrator of inherited property under Article 1053 of the Civil Code is appointed when there is a need for the management of property in cases where the existence of an heir is not clear. The "where the existence of an heir is not clear" refers to a case where the heir cannot be discovered even if the family register, a transcript of the family register, a family relation register, etc. related to the existence of an heir are found, or where the heir loses inheritance qualification by waiver of inheritance. According to the submitted data, it is confirmed that A's child exists. Thus, the claim of this case is without merit.

Judges

Judge Lee Jae-Un,

참조조문