상속에 관한 등기의 제문제

Abstract

When it comes to registration of inheritance, as transfer of inheritance means the transfer of the position as heir, the assignee is in the same position of the heir, and the assignee can participate in inheritance division from the time of transferring the inheritance. When there is consultation on division of inheritance, the effect of division is retroactive, and thus 'inheritance' can be directly registered after the division of inheritance. Besides, when the inheritance is transferred to a third party, donation or transaction of the inheritance can be registered to a third party as the cause of registration, or the transfer can be directly registered with the single name of the assignee as the cause of division of inheritance. In this regard, as to how to deal with the registration of such inheritance and as to auction of inheritance(Civil Law Art. 1037), when one of co-heirs repays the values and stops compulsory execution, the heir that has repaid after joint inheritance registration with 'payment of values' as the cause of registration cannot apply for registration of transferring the inheritance to another co-heir. In that case, the following issues are raised: does the concerned inheritance come to belong to the heir who has repaid; if so, what is the procedure of registration; when the family court orders auction division concerning the inheritance, can the purchaser of the inheritance directly accept the registration of transfer in the name of the heir; when the inheritance is a joint-ownership portion, can it belong to another heir's share according to Art. 267, or can it be divided to the special related person according to Art. 1057-2; besides, is object division, the way of transferring properties other than inheritance, possible. If possible, what is the cause of the registration. This study focuses on these matters and investigates on various issues concerning registration of inheritance.