[소유권이전등기말소등][집41(3)민,277;공1994.1.15.(960),184]
In case where a person who is not an inheritor registers inheritance based on a certified copy, etc. of the above Article, whether the person is a reference inheritor.
The fact that a person who is not a deceased person is presumed to be an inheritor based on a false and false transcript of the same Article, a certified copy of family register, etc., and the fact that the inheritance registration was made cannot be deemed to constitute a reference inheritor under Article 999 of the Civil Act.
Article 999 of the Civil Act
Supreme Court en banc Decision 90Da5740 delivered on December 24, 1991 (Gong1992,635) 92Da7955 delivered on May 22, 1992 (Gong192,1984)
Attorney Han-soo et al., Counsel for the defendant-appellant-appellee and two others
Defendant 1 and 3 Defendants, et al., Counsel for the defendant-appellant and one other, Counsel for the defendant-appellant)
Busan District Court Decision 93Na644 delivered on June 4, 1993
All appeals are dismissed.
The costs of appeal shall be assessed against the defendants.
The grounds of appeal by each of the Defendant’s attorneys are also examined.
In this case, as recognized by the court below, the fact that a person who is not a deceased person's heir is presumed to be an inheritor based on a false and false transcript of the above-mentioned article, a certified copy of family register, etc. and the inheritance registration cannot be deemed to constitute an inheritor under Article 999 of the Civil Act. Thus, the judgment of the court below to this purport is acceptable, and there is no illegality such as the theory of lawsuit.
The Supreme Court Decision (Law No. 83Da600, 83Meu2056 delivered on February 14, 1984; Supreme Court Decision 92Da22923 delivered on September 1, 1992) of the theory of the lawsuit cannot be deemed appropriate in this case. Therefore, the argument is without merit.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jong-soo (Presiding Justice)