[Chatting] New spouse, children obligated to settle money... Why?

□ Broadcast date and time: 01/13/2025 (Mon)
□ Host: Attorney Cho In-seop
□ Starter: Attorney Lim Kyung-mi

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◇ Lawyer Cho In-seop (hereinafter Cho In-seop): Lawhouse for you, with lawyer Lim Kyung-mi.

◆Lim Kyung-mi Lawyer (hereinafter referred to as Lim Kyung-mi): Hello, I'm Lim Kyung-mi, lawyer for Shinsegae Law Firm.

◇Jo In-seop: Let's see what kind of concerns you have if you come to the counseling center today.

□Sayers: When I was young, my father had several extramarital affairs, and each time, my mother had a hard time. My mother tried several times to stop my father's affair, but in vain. Eventually, we ended up living separately from my father. My single mother had a hard time raising us and unfortunately died of cancer. I couldn't tell my mother's death because I didn't contact my father. After a long time, I accidentally heard from a relative that my father was uncomfortable with his movements. At that time, my father was over eighty years old, and he said there was a woman who had registered her marriage and lived with her since 15 years ago. After a while, I was surprised to hear from the woman. My father wants to see my brother and me, so I asked him if he could come. It seems to be my last chance to meet my father, and I felt that the woman was a good person, so I visited her. But the woman looked at us and talked about a shopping mall equivalent to 3 billion won owned by her father. He added that he was not greedy and that he would take care of him on his own in the future. Shortly after that, my father died of old age. My brother and I went through the register of the shopping mall. The registration is not a 'sharing' that you usually see, but a 'joint union' registration. Since my brother and I are father heirs, is it right to own a mall with her? Also, I would like to know what the joint registration is.

◇ Jo In-seop: It was about the inheritance of lawyer Jo In-seop's counseling center. I got a difficult word. "Joint Rampant"...What kind of relationship is a joint registration?

◆ Lim Kyung-mi: First of all, joint ownership registration can be understood as a registration that is set up to prevent people who own real estate from disposing without the consent of others. Therefore, joint registration requires the consent of all the rest of the people to dispose of their status, in other words, their share. In the case of real estate registration, a shared relationship that displays the same as 'half of the stake' is registered, but joint registration does not indicate these shares. You can think of it as looking at the people who make up rather than the share ratio.

◇ Jo In-seop: Can you and your brother continue to register a joint venture?

◆ Lim Kyung-mi: In general shared registration, when the person in question dies, heirs naturally own the shares of the deceased, but in joint registration, if two people own it in the form of joint ownership and one person dies, the part of the deceased becomes the sole possession of the remaining one person. So, in the case of the sender, even if his father dies, he cannot claim any ownership of the shopping mall itself. The woman, the father's new spouse, will own the above shopping mall alone.

◇ Cho In-seop: Then will your father's shopping mall be eventually taken away by your new spouse?

◆ Lim Kyung-mi: No. The father's new spouse can register the above shopping mall alone, but the father's share must be settled with money to the sender and brother. Eventually, the owner who owns it alone must settle the share of the deceased and give it to the heirs.

◇Jo In-seop: Can the woman who is the new spouse claim the inheritance as the father's spouse?

◆ Lim Kyung-mi: Yes, she is a married spouse at the time of her father's death, so she can claim her inheritance. Eventually, your father's new spouse will take full ownership of the marketplace, and you can claim your inheritance for your father's settlement.

◇ Jo In-seop: Now, to summarize the contents of the consultation so far... A joint registration is a registration that prevents disposition without consent between owners and places importance on the relationship between owners rather than shares. In the joint registration, the deceased's stake is solely owned by the remaining owner, so the sender cannot claim ownership of the shopping mall. Your father's new spouse may register the mall alone, but you and your brother will have to settle your share in money. Your father's new spouse is also an heir and can claim inheritance as a spouse. So far, I've been with Lim Kyung-mi, a lawyer at Shinsegae Law Firm.

◆ Lim Kyung-mi: Thank you.