유류분반환청구권의 일신전속성 -대법원 2013. 4. 25. 선고 2012다80200 판결-

Because exercise of the claim of return for secured portions is solely dependent on free decisions of a rightful person for personal benefit of a rightful claimant of secured portions, it is a right which is strictly personal to the obligor in terms of exercise. However, the claim of return for secured portions is not a right which is strictly personal to the obligor in terms of possession because it is a complete property right. If a rightful claimant of secured portions died, there is no worry in which the claim will be exercised contrary to the decision of a rightful claimant of secured portions. Thus, inheritance of the claim of return for secured portions must be acknowledged even if the claim is not exercised while a rightful claimant of secured portions was alive. This judgment which is a study subject is significant, because it is the first decision of the Supreme Court representing that the claim of return for secured portions is not a right which is strictly personal to the obligor in terms of possession and inheritance of the right must be acknowledged. This paper studies personal nature of the claim of return for secured portions to agree with conclusion of target decision, and it reviews whether the claim for divorce consolation money, the claim for division of property upon divorce and the claim for inheritance recovery belong to a right which is strictly personal to the obligor from a new perspective.