가분채권과 상속재산분할

Divisible Claims in the Procedure of Inherited Property Division

In relation to Inheritance, there should be a fair Distribution among the Heirs. If a Divisible Claim, such as Deposit Bonds, is not recognized as a Subject of inherited Property Division, it impedes fair Division of inherited Assets. In 2016, the Korean Supreme Court decided that Divisible Claim would also be subject to Inherited Property Division exceptionally. But the Scope of the Exception is unclear, and it is questioned whether it would be desirable to make Divisible Claim an Exception for Inherited Property Divisions. In 2016, the Decision of the Japan Supreme Court also considered Deposit Bonds to be Subject to Property Division. However, if the Deposit bonds are viewed as the Subject of inherited Property Division, it becomes difficult for each Heir to dispose it until the Property Division is achieved. Thus, in recent Years, Civil Law Amendments have been made to compensate the Defect . In Conclusion, divisible Claims should ― in principle ― be considered as the Subject of Inherited Property Division. It is reasonable to assume that the Division of Bonds at the Time of Inheritance is only temporary, and that the Attribution of Bonds are decided conclusively by the inherited Property Division.