The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daejeon High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Fruits from inherited property after the commencement of inheritance until the completion of the division of inherited property (hereinafter “liability of inherited property”) have not existed at the time of the commencement of inheritance.

In a judgment on the division of inherited property, where a specific inherited property among inherited property subject to division belongs to one or more inheritors, and the specific share of inheritance and the value of the specific inherited property are divided into the inherited property by means of cash settlement (e.g., the method of division), without considering the negligence of the inherited property, the inheritor who was divided into the specific inherited property shall be deemed to hold it retroactively at the time of the commencement of the inheritance pursuant to the main sentence of Article 1015 of the Civil Act, but the negligence of the inherited property shall not be deemed to constitute the inheritor retroactively.

In such a case, barring any special circumstance, it is reasonable to view that co-inheritors have acquired the inherited property at the ratio of the “specific share of inheritance” calculated at the time of commencing the inheritance by taking account of the increased property and the contributory portion, etc.

(See Supreme Court Decision 2015Da27132, 27149 Decided August 30, 2018). 2. Reviewing the reasoning of the lower judgment and the record reveals the following.

On August 27, 2006, the deceased C (hereinafter “the deceased”) died. At the time of the death of the deceased, the deceased’s heir had D and the Plaintiff, Defendant, E, F, and G, who are the spouse of the deceased, and the children of the deceased. Among them, the legal share of inheritance between the Plaintiff and the Defendant is 2/13, respectively.

B. After the death of the inheritee, the inherited property was divided by the so-called division in the inherited property division trial filed by the Defendant against the Plaintiff and the remaining inheritors, and the instant real property was the Plaintiff.