[토지소유권이전등기말소][공1992.7.1.(923),1844]
Before the enforcement of the Civil Act, where the wife has already died before the enforcement of the Civil Act and there is a family within the same family register of a person who died without a lineal ascendant or descendant within the same family register, a person who succeeds to the deceased’s miscarriage (=family within the same family register
Before the enforcement of the Civil Act, wife has already died before the enforcement of the Civil Act, and wife of a person who died without a lineal ascendant or descendant within the same family register due to marriage, may not be deemed to succeed to the family of the deceased within the same family register in accordance with the former common law, and shall not be deemed to belong to the married female who is not within the same family register.
Article 100 of the Civil Code, Article 25 (1) of the Addenda
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)
Plaintiff 1 and 3 others, Attorneys Choi Young-young, Counsel for the plaintiff-appellant
Defendant Kim Young-young, Counsel for defendant-appellant
Jeonju District Court Decision 89Na4942 delivered on October 17, 1991
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
According to the facts established by the court below, the deceased non-party 1 died on January 10, 1953, his wife died before the death, and his wife non-party 2 married before his wife (non-party 3 and non-party 4). The non-party 5 and non-party 6 died before his inheritor, and the non-party 8's descendants who were the remaining births of the non-party 7 are the plaintiffs. According to the evidence No. 4-1 (certified copy), the above non-party 7 and non-party 8 died before the death of the above non-party 1. According to the old custom, it is evident that the above non-party 1 was in the same family register as at the time of the death of the above non-party 1, and there is no other child or family. Accordingly, according to the old custom, the above non-party 1's legacy is not attributable to the plaintiffs who are the same family members within the above non-party 1, and it is not attributable to the non-party 3 and the non-party 19797.
Therefore, although there are insufficient and inappropriate parts in the reasoning of the court below, the decision that the plaintiffs inherited the real estate of this case owned by the above non-party 1 is just and there is no reason to discuss.
Therefore, the appeal is 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.
Justices Kim Jong-soo (Presiding Justice)