Seoul High Court 2008Nu23155 (209.06.09)

National High Court Decision 2007west397 ( November 15, 2007)

Whether ownership is succeeded to the heir if part of the real estate joint owners dies;

In a case where a part of the real estate is deceased, the deceased heir does not succeed to the status as a partnership-ownership, and thus the remaining heir shall belong to the sole ownership of the remaining co-ownership, unless otherwise expressly agreed by the partnership-ownership.

The contents of the decision shall be the same as attached.

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Trial Procedure, and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent