The case holding that where a person did not file a claim for division of property against the deceased before the deceased’s death before the deceased’s death, it cannot claim a division of property against the deceased’s heir due to divorce.

The case holding that, in case where the divorce conciliation has been formed with the deceased and the deceased died, the agreement on division of property according to divorce has been reached between the deceased and the deceased before the deceased’s death, or the claim for division of property pursuant to divorce has not been claimed against the deceased before the deceased’s death, the heir cannot claim a division of property pursuant to divorce against the deceased’s heir after the deceased’s death.

[1] Article 839-2 of the Civil Act

Applicant 1, et al., the assignee of the Deceased other than the applicant (Attorney Yoon-soo, Counsel for the respondent-appellant)

Respondent (Law Firm Han, Attorney Lee In-dilution)

1. On June 21, 1994, the Seoul Family Court of the deceased and the respondent shall revoke the provisional attachment order on the real estate attached Form No. 94 business1051, the above court rendered on June 21, 1994.

2. Costs of application shall be borne by the respondent;

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Decision of provisional seizure;

The respondent applied for provisional attachment against the deceased other than the applicant for a divorce of KRW 150,00,00 and KRW 350,000,000 as the right to claim a division of property, and the right to claim a division of property, and the Seoul Family Court as the Seoul Family Court 94 business1051, and the above court accepted the provisional attachment and rendered the provisional attachment order of this case as stated in the Disposition No. 1 of June 21, 1994, is significant in this court.

2. Facts of recognition;

The following facts can be acknowledged in light of the whole purport of the pleadings in the descriptions of evidence Nos. 1 and 2, evidence Nos. 3-1, 2, 5, and Nos. 1 and 2, and evidence Nos. 3-5.

A.The respondent filed a suit against the non-applicant and the Deceased as Seoul Family Court 94D42420 of the instant provisional attachment decision, claiming that the respondent and the Deceased pay 150,000,000 won as consolation money, and 350,000,000 won as division of property, respectively, to the non-applicant and the Deceased.

B. On June 30, 1995, the above court rendered a ruling to dismiss all the claims of the respondent, which became final and conclusive on August 2, 1995.

(c)Afterward, the Deceased brought a lawsuit against the Respondent seeking divorce with the Respondent as Seoul Family Court Decision 2001ddan10147, and on March 12, 2001, the conciliation of divorce between the Deceased and the Respondent was concluded.

D. On April 23, 2002, the deceased filed the instant application against the respondent seeking the revocation of the provisional attachment decision of this case, and the applicant, his children, died on April 29, 2002, received the instant application.

(e)After that, on June 4, 2002, the respondent filed a petition for the division of property against the claimant on the grounds that the claimant succeeded to the respondent's obligation to divide the property upon divorce with the respondent.

3. Determination

A. According to the facts of the above recognition, in a lawsuit on the merits of the provisional attachment decision of this case, the judgment dismissing both the respondent's claim for consolation money and the claim for division of property against the deceased, and the judgment became final and conclusive on August 2, 1995, and there is a change of circumstances to cancel the provisional attachment decision of this case at the time of its confirmation.

B.On the other hand, according to the above facts, the conciliation of divorce between the deceased and the respondent was concluded on March 12, 2001 after the above judgment became final and conclusive, and the deceased died on April 29, 2002. In such a case, the respondent cannot maintain the provisional attachment decision of this case on the sole basis of the fact that the respondent filed a claim against the deceased's heir for the division of property following the divorce after the deceased's death, unless the agreement on division of property has been reached between the deceased and the deceased on the divorce before the deceased's death or the claim for division of property has not been filed against the deceased for the division of property due to the divorce before the deceased's death.

4. Conclusion

Therefore, the decision of provisional seizure of this case should be revoked in accordance with the change of circumstances, so the application of this case seeking such revocation shall be accepted on the grounds of its reasoning and it is so decided as per Disposition.

Judgment intentionally (Presiding Judge) Governing the circumstances of the two crimes