2023년 가족법 중요판례평석

Abstract

This paper reviews some of the noteworthy decisions concerning Family Law of the Supreme Court in 2023.: (1) Even if the spouses filed for divorce against each other due to the breakdown of their marriage, the obligation of marital support between each other should not expire until the marriage is completely resolved by law. (2) The object of division of marital property and estimation of it shall be based on the date on which the common-law marriage is dissolved. (3) It does not require the other party's consent to withdraw a claim for division of property. (4) It cannot be argued that the registration of inheritance is invalid on the grounds that there is no legal inheritance share of a specific heir before the division of inherited property. (5) The right to the deceased's body or remains belongs to the person presiding over the memorial rite, and if there is no agreement among the joint heirs, the oldest of the lineal descendants of the heir shall preside over the memorial rite. (6) If all the children of the heir give up inheritance, the spouse shall become the sole heir. (7) If the recipient disposes of the gifted property or the gifted property is expropriated before the commencement of inheritance, the value of the gifted property shall be calculated based on the value at the time of disposal and should be reflected the rate of inflation between the time of disposition and the commencement of inheritance.