The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 3 and 4

A. In a case where the inheritor who jointly inherited the immovables sold to another person by the deceased has purchased or donated the inheritance shares of another inheritor and completed the registration of transfer of the above inheritance shares in his/her own future, barring special circumstances such as where it is acknowledged that there exists an implied special agreement by succeeding the deceased’s duty to sell the above inheritance shares from another inheritor with respect to the above inheritance shares other than his/her own inheritance shares, he/she shall not naturally succeed to the sales obligation

(see, e.g., Supreme Court Decision 78Da2281, Feb. 27, 1979). Moreover, even if a co-owner holding a minority share or a person holding a claim for the registration of ownership transfer with respect to a minority share, the co-owner cannot take possession of and use for profit from the jointly-owned property exclusively without consultation with other co-owners. Thus, even if shares owned by the other co-owners fall short of a majority of shares, the other co-owners may demand the delivery of the jointly-owned property as a preservation act of the jointly-owned property, even

(1) As to the method of determining the specific method of using and making profits from the jointly owned property among the co-owners, it shall be determined by the majority of co-owners' share in the matters related to the management of the jointly owned property, and co-owners with a majority of share in the jointly owned property did not have prior consultation with other co-owners on the method of management of the jointly owned property.

Even if matters related to the management of the article jointly owned can be decided independently, it is legitimate for co-owners with a majority of the shares to decide to exclusively use and benefit from the article jointly owned as the method of management of the article jointly owned.

Supreme Court Decision 200Da33638, 33645 Decided November 27, 2001, Supreme Court Decision 2000Da33645 Decided May 27, 2002