In principle, the inherited property of the deceased (deceased) is shared among the co-heirs (Article 1006 of the Civil Act).

However, if joint heirs continue to share inherited property, difficulties may arise in managing and disposing of the property, so a specific procedure for dividing the property to belong to each heir is necessary. This is called division of inherited property.

In principle, co-heirs can divide inherited property through agreement at any time.

If all heirs reach an agreement, the inherited property will be divided according to the agreement.

However, if some of the co-heirs do not agree, or if there is an heir who has received special profits (such as a gift or bequest during his lifetime) or an heir who claims to have contributed, and there is no agreement regarding the inheritance, it is difficult to divide the inherited property through agreement alone.

In this case, the co-heirs can request a judgment on division of inherited property at the Family Court and receive the court's decision.

Judgment on the division of inherited property must be filed by one or more of the co-heirs against all remaining heirs.

In other words, rather than filing a claim against only some heirs, it has the nature of an essential joint lawsuit in which all co-heirs must participate in the procedure.

Inheritance property division cases are under the exclusive jurisdiction of the family court as a family dispute case, and a claim can be filed in the family court where the other party's general forum is located.

The adjudication of division of inherited property is a family non-litigation case, and the principle of conciliation and transposition applies (Article 50 of the Family Litigation Act). Therefore, if you wish to request division of inherited property, you must first apply to the court for conciliation and attempt to negotiate between co-heirs.

If mediation is established, the inheritance will be divided according to the details of the mediation. If mediation is not established, the judgment will proceed. In the adjudication process, the family court determines the division of inherited property by comprehensively considering the scope of the inherited property, each heir's share of inheritance, special profits and contributions, etc.

In the process of dividing inherited property, a problem may arise if some of the co-heirs received a gift from the deceased during his or her lifetime (special profit) or made a special contribution to maintaining or increasing the deceased's property (contribution).

Special profits and contributions affect the actual portion of inheritance that each heir ultimately acquires. Therefore, whether or not special profits and contributions are recognized and their scope become important issues in determining each heir's specific inheritance in inheritance property division cases.

In particular, if other co-heirs omit the fact that they received a gift from the decedent during their lifetime, it is difficult to achieve a fair division between the heirs, so confirming and proving the special profits of other heirs is also an important part of the inheritance property division process.