Where the administrator of inherited property under Article 1053 of the Civil Act becomes a petitioner with respect to any inherited property for which the existence of an inheritor is unknown;

If retirement allowances for Gap who died on duty in a factory cannot be paid as a claim for the relation that many persons claim as an inheritor of the above Gap, after applying for the appointment of an administrator of inherited property pursuant to Article 1053 of the former Civil Act (amended by Act No. 4199 of Jan. 13, 90), the administrator appointed in the procedure shall file a lawsuit as a legal representative. If there is no proof that the appointment procedure of the administrator is followed and there is no proof that there is an urgent situation (the risk of damage) in which the special representative is required to apply for the appointment of a legal representative in cases pursuant to Article 58 of the Civil Procedure Act, it is reasonable to dismiss the application.

Article 1053 of the Civil Act, Article 58 of the Civil Procedure Act

Shin Chuncheon

Seoul High Court Decision 66Ra69 delivered on February 3, 1967

The reappeal is dismissed.

The grounds of reappeal are examined as to the re-appeal representative.

Even if there is a case where it is possible to apply for the appointment of a special representative to bring an action against the heir in respect of the inherited property, the court below rejected the application for the appointment of a special representative in accordance with Article 1053 of the Civil Procedure Act as a legal representative after applying for the appointment of the administrator of inherited property in accordance with Article 1053 of the Civil Act, and it is not clear that the court below rejected the application for the appointment of a special representative in accordance with Article 58 of the Civil Procedure Act, since the court below rejected the application for the appointment of the administrator of inherited property in accordance with Article 58 of the Civil Procedure Act as a legal representative without taking a procedure for the appointment of the administrator on the record and the court below rejected the application for the appointment of a special representative in respect of the non-party 1, who is referred to as his third degree of relationship with the person who was killed in the line of duty and who is a partner with the same person's status as his heir. The court below rejected the application for the appointment of a special representative in accordance with Article 58 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Kimchi-galle