Abstract

When a North Korean acquires the right to property in South Korea for reasons stipulated in the Act on Special Cases for Inter-Korean Families, such as inheritance and bequest, a property manager is appointed to manage the inherited and bequeathed property of the North Koreans. At the time of legislation, the North Korean property management system used the absentee property management system as the main framework, but there is a significant difference from the absentee property management system in terms of purpose and content.
 To this end, I offer the following opinion.
 ① Regarding the interpretation of “confirmation of acquisition of rights” as the time and reason for appointing a property manager, in case of inheritance and bequest, the time of death of the deceased (the testator) shall be the standard, but if there was inheritance under false pretenses, North Korean residents exercise their rights and make a judgment It should be based on the time when the provisional execution was confirmed, and if the right was actually acquired through provisional execution, it should be based on the time of provisional execution.…

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