[소유권보존등기및이전등기][공1995.1.1.(983),54]
Inheritance method and share of inheritance of a person between South and South under the former common law;
According to the customary law on the inheritance of property before the enforcement of the Civil Code, if the head of the family dies and the head of the family succeeds to the inheritance of the head of the family and if the head of the South and the North are several, that South and North shall succeed to the entire heritage of the former head of the family at the same time as the family inheritance, and on the other hand, about 1/2 of the two have the obligation to acquire and distribute the remainder equally to the male and lower-ranking children in principle.
Article 11 of the old Decree on Maritime Affairs and Civil Affairs (Ordinance No. 7, repealed, 1912)
Supreme Court Decision 67Meu25 Decided November 25, 1969
Plaintiff 1 and one other
Defendant 1 and one other
Seoul Civil District Court Decision 93Na47850 delivered on June 16, 1994
All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.
We examine the plaintiffs' grounds of appeal.
According to the customary law on inheritance before the enforcement of the Civil Act, if the head of family dies and the head of South and North Korea succeeds to the inheritance of the head of family and if there are several persons between South and North Korea, that South and North Korea succeeds to the entire heritage of the former head of family at the same time as the family inheritance, and on the other hand, about 1/2 of that South and North Korea are acquired by themselves and are obliged to equally distribute the remainder to the persons between South and North Korea in principle (see, e.g., Supreme Court Decision 67Meu25, Nov. 25, 1969) and the judgment of the court of first instance citing the judgment of the same purport is justifiable, and the court below did not err by misapprehending the legal principles on inheritance of property.
In addition, according to the records, the court below's finding that the non-party 2, who is the head of the non-party 1, was the her mother and the non-party 3, who is the assistant father of the defendant 1, has distributed the forest of this case to the non-party 3, is justified, and there is no error of finding facts or incomplete hearing without any evidence such as the theory of lawsuit.
All arguments are 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 Cho Chang-tae (Presiding Justice)