[소유권이전등기][집20(1)민,063]
Legal principles concerning the family inheritance under the former common law
If a woman dies without being married and his wife was opened without being appointed even after the birth of the son, it would be the legal doctrine on the inheritance of the head of family under the customary law.
Article 984 of the Civil Code, Article 25 of the Addenda to the Civil Code
Plaintiff
Defendant
Seoul High Court Decision 69Na3822 delivered on November 12, 1971, Seoul High Court Decision 29Na3822 delivered on July 12, 1971
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the Defendant’s agent’s grounds of appeal.
(1) As to the first ground for appeal, it is true that the court below held that the deceased non-party 1's head of the deceased non-party 1 died in preference to the deceased non-party 2 or his father's non-party 1, and the non-party 2 died in the non-party 2's child, but the Dong died in the non-party 2 more than 3 years, and the non-party 2's wife did not have the non-party 2's head after the death, and eventually the deceased non-party 4, the plaintiff's father, who was the plaintiff's father, who was the plaintiff's father, the non-party 1's father, was the inheritor of the non-party 1. The purport of this judgment at the time of original judgment is not clear, but the court below's decision that the deceased non-party 2 was not selected after the death of December 13, 189, and it is not erroneous in the misapprehension of legal principles as to the inheritance of the non-party 4 as the non-party 19.
(2) Regarding the second ground of appeal, the purport of the judgment below that the plaintiff acquired the real right similar to superficies against the plaintiff as to the grave Nos. 1, 4 and 11,12 in the list No. 2 attached to the judgment of the court below can be seen as follows. In other words, although the plaintiff's white ground of death was a son, the plaintiff's white ground of death was a son, and the plaintiff's white ground of death was also a son's son Kim Jong-do, which was the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.
(3) As to the third point, it is not considered that there is a violation of logical rules and rule of experience as to evidence, as well as logical rules and rule of experience in recognizing the scope of the base, respectively, and that there is a change in the number of Kim Jong-soo from the above, as to the third point of view, the record is deemed to be a grave whose person had buried in the attached list attached to the judgment below.
Therefore, this appeal is without merit, and it 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 judges.
The presiding judge of the Supreme Court (Presiding Judge)