상속재산의 분할과 상속인의 소유권이전등기의무

When succession is initiated, the successors inherit the ancestor’s statuses under the Law of Property comprehensively. With regard to this, if the seller of real estate has died after the conclusion of the sales contract but before the registration of ownership transfer, it is a problem in what form the duty to register the transfer of ownership is laid on each of the successors, and if the registration of succession has been made in the name of one of the co successors through division by agreement, it is a problem whether the other co successors are also obliged to carry out the registration of ownership transfer for their shares. Focused on these problems, the present study discussed the views that the duty to register the transfer of ownership for joint succession should be regarded as a divisible (divided) obligation by nature and that if inherited properties, which became the base of non monetary liabilities (e.g. duty to register the transfer of ownership), are not divided, the co successors are liable to register the transfer of ownership for their respective shares, but if one of the co successors acquires inherited properties, which became the base of non monetary liabilities, through division by agreement, the ancestor’s legal relations or legal statuses under the Law of Property are inherited to the co successor, and at the same time, non monetary liabilities involved in the legal relations are also inherited by the successor.