The case holding that the inheritor's request for adjudication on division of inherited property is unlawful

The case holding that the above inheritor's appeal for division of inherited property is unlawful on the ground that the inheritor who transferred inherited shares is not in a position to seek division of inherited property.

[1] Article 1013(2) of the Civil Act, Article 110 of the Rules of Family Litigation

Claimant 1 and four others

Other Party

decedents;

1. All of the appeals in this case filed by the appellant 1, 2, 3 and 4 shall be dismissed;

2.The petitioner shall be divided into 16/23 shares in the claimant 5 and the other party shall be divided into 7/23 shares in the amount of 176-16 large 19 square meters in Seodaemun-gu, Seoul and 38.08 square meters in the area of 176-116 large 19 square meters in that area.

3. The trial costs shall be borne by the other party.

The other party shall divide and deliver 16/23 shares among the real estate stipulated in the text of paragraph (2) to the claimant 5. If the claimant 5 shares on each of the above real estate cannot be divided in kind, the other party shall receive the value equivalent to the shares of the other party and the claimant 5 shall solely succeed.

1. Facts of recognition;

It is recognized that the following facts are established in full view of the whole purport of the interrogation in Gap evidence Nos. 1 through 16.

A. On December 31, 1939, the inheritee completed the marriage report with the Nonparty, and the Nonparty gave birth to the claimant and the other party between the inheritee and the inheritee. On April 6, 1990, the inheritee died.

B. At the time of the death of the inheritee, the inheritee, as the head of the household, was inherited by the other party to the inheritee. At the time of the death of the inheritee, 1, 2, and 3, who is his/her father, her father, 2, and 3, were married and did not have the same family register as the inheritee, and 4, who is his/her father, was within the same family register

C. At the time of the death of the decedent, the decedent owned 176-116 large 19 square meters and 38.08 square meters of the house for wood on its ground. On September 13, 2000, the Nonparty 1, 2, 3, and 4, who was the wife of the decedent, died on September 13, 200, which was after the decedent’s death. After the decedent’s death, the decedent 1, 2, 3, and 4 transferred their shares of inheritance to the claimant 5.

2. Determination:

(a)According to the facts of the above recognition, the heir of the inheritee is the claimant and the other party, and the statutory share of inheritance shall be 2/23, 4, and 5, respectively, 5/23, 7/23, and 7/23, and the other party, 176-116 and 176-116, as shown in the separate sheet.

(b)However, the claimant 1, 2, 3, and 4 transferred their respective shares of inheritance to the claimant 5, such as the above recognition, and thus, the claimant 1, 2, 3, and 4 is not in a position to seek the division of the above inherited property, and therefore the claimant 1, 2, 3, and 4's appeal for

(c)If so, the above inherited property shall be divided between the claimant 5 and the other party. The claimant 5's inherited property shall be the aggregate of the transferred inherited property 16/23 shares, 7/23 shares of the other party shall be 7/23 shares of the other party, 7/23 shares of the other party, and the present condition and current status of the above site and housing, the possibility of loss from its auction, the age, living conditions of the claimant and the other party, and the other party's intention as to the division of inherited property, in full view of all the circumstances revealed in the examination of this case, such as the above claimant and the other party's intention as to the division of inherited property, the above site and housing, which are inherited property, shall be divided into 5

3. Conclusion

If so, the claimant 1, 2, 3, and 4's request for adjudication on division of the inherited property of this case is unlawful and dismissed, and the claimant 5's request for adjudication on division of the inherited property of this case shall be decided as above.

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