Supreme Court Second Petty Bench Decision of January 26, 1996, 50 Minshu 1-132, 1559 Hanji 43, 903 Hanta 104. The Court dismissed a lower court determination. In this case, a relative of the defendant had died leaving a will indicating a desire to leave everything to the defendant, including the property, which is the subject of this action. At that point, the defendant accomplished title registration of the property. The plaintiff claimed title to 1/24 of the property of the decedent and expressed a desire for division of the property. For the purposes of transferring ownership of 1/24 of the subject property, the plaintiff instituted suit for transfer in title registration of 1/24 of the subject property. The trial court found for the defendant, and the Appeals Court reversed. Both decisions revolved around the determination of the expression of intent of the decedent. Where a decedent has merely expressed and intent for a division of property as opposed to an heir receiving under a will, where the partial heir has demanded the property be reserved, that demand has to wait until after transfer of the property to the recipient under the will and can not pick and choose amongst the assets making up the transferred property.