[토지소유권이전등기말소등기][공1994.1.15.(960),191]
In the case of an unmarried head of family who died, old customs concerning inheritance;
According to the custom before the enforcement of the Civil Code, in case where the head of family dies without being married, he shall succeed to the family and succeed to the property according to the principle of the law of the punishment of the deceased party.
Articles 984 and 100 of the Civil Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)
Plaintiff
Defendant
Gwangju District Court Decision 93Na582 delivered on July 16, 1993
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
1. The defendant's grounds of appeal Nos. 1, 2, and 4 are examined.
The judgment of the court below on the determination of the court below as to the land of this case, which was divided into 15,226m2 after the land of this case ( Address 2 omitted) and the part remaining 16,510m2 after the land of this case among the above forest land, is sold to the deceased non-party 2. The defendant's father, the deceased non-party 4 purchased the above forest land 15,226m2 without any ground for registration, and the defendant completed the registration of transfer of ownership in his name with the whole forest of 32,209m2, and the deceased non-party 3's heir, the owner of the above forest of this case, 32,209m2. The judgment of the court below is just in light of the evidence relation, and there is no error in the misapprehension of legal principles as to the presumption of facts against the rules of evidence or the legal principles as to the presumption of facts as to the registration of this case, or there is no error in the misapprehension of legal principles as to the presumption of facts and the right of evidence.
2. Determination on the ground of appeal No. 3
According to the custom prior to the enforcement of the Civil Act, in a case where Australia died in an unmarried manner, the head of the household succeeds to the family and succeeds to the property of the head of the household in accordance with the principle of the arm's length rule. Therefore, the court below's decision which held to the same purport should not accept the argument that there was an error of law by misunderstanding the legal principles on the inheritance order under the former
3. Therefore, the defendant's appeal is dismissed and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ahn Yong-sik (Presiding Justice)