If a co-ownership of a person who renounces inheritance is seized, a third party interested in the registration has a duty to indicate his/her intention to accept the registration of correction.

If a co-ownership of a person who renounces inheritance is seized, a third party interested in the registration has a duty to indicate his/her intention to accept the registration of correction.

§ 1042. Retroactive effect of renunciation of Civil Code

Incheon District Court 2017Gahap51753 Registration for Cancellation of Ownership

AA

00. Head of tax office

on October 25, 2017

on 15, 2017

1. With respect to the Plaintiff’s registration of correction, the Defendant expressed his/her intention of acceptance as to the registration of correction, which is based on the co-owner’s indication in the column of “holder” and other matters among the share transfer registration completed by No. 0000 on July 4, 2001 at the registration office of the Incheon District Court in relation to the land for factory, 00-00 square meters in Incheon, Incheon, 00-dong, and 00 square meters.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

same as the order (However, the part on the indication of each co-owner's address in attached Form 1 shall be corrected to the same address as the previous one recorded in the copy of the register).

1. Basic facts

A. On April 12, 1993 with respect to the land for a factory of 000-00 square meters in Incheon 00-dong, Incheon 00-dong (hereinafter “the instant real estate”), Park Ho-H had completed the registration of transfer of ownership with the content that he/she shares 401.3/700 of shares, and 299.4/700 of shares.

B. Park Ho-H died on February 25, 200 (hereinafter “LH”) (hereinafter “the deceased”).

On May 8, 200, the deceased's children such as ParkS, Park 00, Park 00, Park 00, Park 00, Park 00, Park 00, and Park 00 (hereinafter referred to as "first-class co-inheritors") filed a report on the renunciation of inheritance with the Seoul Family Court on May 29, 200, respectively.

ParkS’s children Park 00, Park 00, Park 00, Park 00, Park 00, Park 00’s children Lee 00, Lee 00, Lee 000, Park 00’s children’s children, Park 00, Park 00, Park 00, Park 00’s children’s children, Park 00, Park 00, Park 00’s children’s Mab 00, Mab00, Mab00, Mab00, and Mab00 (hereinafter “after-order co-inheritors”) reported a qualified acceptance on the deceased’s property inheritance at Seoul Family Court on June 13, 201, and the court accepted the qualified acceptance on October 13, 201 (for Gab Park, the decedent’s children was born at the time of his death on May 20, 202).

C. On May 24, 1993, the establishment registration of the real estate of this case was completed on May 24, 1993 with the maximum debt amount of 1.65 million won, the obligor0 million won, the collateral security company, and the collateral security company 00 banks. On May 24, 1993, the bankrupt bank 00 bank 200 bank 200 bank 200 bank 200 bank 200,000 bank 200 bank 20 bank 200 bank 200 bank 20 bank 20,000 bank 20 bank 20 and 00 insurance corporation 20 insurance company 20 bank 20 bank 20 bank 1,000 registry 1,000 of shares of this case was revoked on behalf of the first-order co-inheritors, who are the deceased's children, for the purpose of preserving the right of claim for the auction procedure. The registration of ownership transfer was completed on July 25, 2001.65

D. On July 12, 2004, on November 29, 2004, the Plaintiff (the Plaintiff) completed the registration of collateral security on November 29, 2004 at the Incheon District Court’s registry office on November 29, 2004, on the registration of the establishment of a neighboring mortgage under the name of the bankrupt, a stock company 00 banks.

On February 4, 2014, the Plaintiff completed the registration of voluntary decision on commencement of auction on the same day, subject to the voluntary decision on commencement of auction on the same day.

E. Meanwhile, on September 22, 2001, the Defendant completed the attachment registration of the instant real estate as the receipt of the registration office of the Incheon District Court No. 0000 on September 22, 2001 with respect to the shares of 00 shares among the instant real estate, as the receipt of the same registration office on July 1, 2003, as the receipt of the same registration office on October 1, 2003, as the receipt of 000 from the same registration office on October 1, 2003, as the receipt of the same registration office on April 28, 2004, as the receipt of the same registration office on April 28, 200, and as the receipt of the same registration office on July 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts, the first-order coinheritors of the deceased, who was the owner of 401.3/700 of the real estate of this case, renounced all inheritance, and subordinate coinheritors jointly succeeded to the deceased's share among the real estate of this case retroactively on February 25, 2000, which was the commencement date of inheritance. The plaintiff, who was the right to proceed with the auction procedure as a mortgagee of this case, may apply for registration of correction under the name of subordinate coinheritors as shown in the attached Table 2, by subrogation of the subordinate coinheritors, who was the owner of the real estate of this case, in the name of the first-class coinheritors. According to the proviso of Article 52 (5) of the Registration of Real Estate Act, in the absence of the third party's consent, registration of change or correction of the right cannot be considered as additional registration. The defendant is a third party who seized the right of a person who acquired co-ownership due to the registration of inheritance of this case after the registration of inheritance of this case.

B. The Defendant asserts that the attachment of 00 and 00 shares out of the instant real estate on the ground of delinquency in Park 00 and Park 00 is lawful. However, unless there are special circumstances, since Park 00 and Park 00 renounced inheritance, they were placed in the same position as they did not belong to the heir from the time of commencement of inheritance, and there is no reason to deem otherwise that the renunciation of inheritance has no effect on the deceased’s renunciation of inheritance. Thus, the above assertion by the Defendant on the premise that Park 00 and Park 00 acquired the shares of the instant real estate as the heir of the deceased, as the deceased’s heir, is without merit (No matter how the attachment of 29.4/4 of the real estate of this case, which was originally owned by the Park Do, does not affect the validity of the attachment of 29.1 shares).

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.