2020 200586 Appointment of administrator of inherited property

A

Deceased

September 14, 2020

The appeal of this case is dismissed.

An administrator of inherited property of the principal of this case shall be selected and appointed.

1. The claimant's assertion;

Since the claimant is an inheritance obligee who takes over the right to sell the apartment of this case from the principal of this case, he seeks to appoint an administrator of inherited property for the principal of this case under Article 1053 of the Civil Act.

2. Determination:

On the other hand, when it is unclear whether an heir exists or not, the Family Court appoints an administrator of inherited property at the request of the deceased's relative or other interested person or prosecutor (see Article 1053 of the Civil Act). The "interested person" refers to a person who has a legal interest in the management or liquidation of inherited property, i.e., a person who has received a specific legacy, inheritance obligee, inheritance obligor, and special relative who can claim the distribution of inherited property. The claimant seeks the appointment of an administrator of inherited property as an inheritance obligee who has acquired the right to sell the apartment of this case from the principal of this case. However, it is insufficient to recognize that the claimant entered into a contract for the transfer of the right to sell the apartment of this case with the principal of this case with the ○○ Co., Ltd. on October 18, 2017, and he cannot be seen as having entered into the contract for the supply of the apartment of this case with the principal of this case to the effect that he concluded the contract for the sale of the apartment of this case with the heir of this case under Article 106 of the Housing Act [Article 15 of this case's.

Therefore, a claimant has no standing to seek the appointment of an administrator of inherited property because he/she does not fall under an interested person, such as inheritance obligee of the principal of this case. The appeal of this case is dismissed on the ground that it is unlawful ( even if the claimant is an inheritance obligee, when the existence of an heir is not clear" as referred to in Article 1053 of the Civil Act means the case where the inheritor is unable to find the inheritor even if he/she conducts a follow-up investigation, not simply the case where the inheritor is in a state of uncertainty, but all the copies related to the removal of family relations and the certificates by family relation relation relation registration. If a certified copy or family relation register exists, it is impossible to appoint an administrator of inherited property even if the whereabouts or life of the heir is unknown, according to the records of this case, there are several collateral blood relatives within the fourth degree of father and mother, respectively, and

September 14, 2020

Judges Dogmania