[호적정정허가결정에대한재항고][집34(3)특,184;공1986.11.1.(787),1388]
The date and place of death recorded in the family register and the method of correction;
The correction of the family register by the decision of Article 123 of the Family Register Act refers to the correction of the family register according to the final and conclusive judgment or the final and conclusive judgment on the grounds that the correction of the family register has an important effect on the family law or inheritance law, and the judgment or the judgment, which is the premise of the correction of the family register, refers to a final and conclusive judgment as evidence to clarify the correction of the family register, not to decide how the family register is directly corrected, so the date and time of death and the place of death can be corrected with the permission of the court in accordance with Article 120 of the Family Register Act,
Article 120, Article 123 of the Family Register Act
Supreme Court Decision 73Da1726 Decided December 10, 1974
A et al., 2 re-Appellants et al., Counsel for the plaintiff-appellants
B and one other
Daejeon District Court Order 85BE70 dated June 5, 1986
The order of the court below is reversed, and the case is remanded to Daejeon District Court Family Trial Division.
The grounds of reappeal are examined.
1. According to Article 120 of the Family Register Act, when the entry in the family register is not legally permissible, or when an interested person recognizes that there is an error or oil, the interested person may apply for the correction of the family register with the permission of the court. Since the entry in the family register is a report on the simple fact and does not have any legal effect under the Family Register Act or the Inheritance Act, the correction of the date and time of the death on the family register cannot be based on the judgment procedure, and the entry can be corrected with the permission of the court in accordance with Article 120 of the Family Register Act.
2. The correction of the family register by the decision of Article 123 of the same Act refers to the correction according to the final and conclusive judgment or the final and conclusive judgment in which the status is determined on the grounds that the correction of the family register has an important effect on the relative law or the inheritance law, and the judgment or the judgment, which is the premise of the correction of the family register, refers to the final and conclusive judgment as evidence to clarify the correction of the family register, rather than directly correct the family register, and therefore the date of death and the request for correction of the place of death do not constitute the subject matter of the judgment (see Supreme Court Decision 73Da1726, Dec. 10,
3. According to the reasoning of the order of the court below, the court below rejected the re-appellant's application for correction of the date of death of the deceased person C, and it is clear that the above deceased person C would have a serious effect on the inheritance law due to the correction of the above deceased person's death date, and it is not possible to correct the family register in accordance with the permission of the court provided in Article 120 of the same Act without the final judgment. Thus, the decision of the court below is erroneous in the misapprehension of the legal principles of correction of the family register provided in Articles 120 and 123 of the Family Register Act as stated above. The ground for appeal is justified.
4. Therefore, the original decision shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all participating judges.
Justices Osung-hwan (Presiding Justice)