[소유권확인][공1991.7.15.(900),1726]
If the married head of the family dies before the commencement of the family inheritance in the case of the death of the head of the family under the custom of the Gu, the ownership of the inheritance of the head of the family and the legacy
According to the customs of the Gu, when the head of family dies, the head of the family shall be the mother of the mother in principle, and even if the head of the married family dies before the commencement of the inheritance, the head of the family shall not inherit family even if there is less than two descendants of the head of the married family, and if there is no heir of the head of the family in the other family, such as the ex post facto mother, etc., he/she shall be severed, and his/her miscarriage belongs to the recent father of the head of the
Articles 984 and 1000 of the former Civil Act (amended by Act No. 4199 of Jan. 13, 1990)
Supreme Court Decision 80Da796 delivered on July 8, 1980 (Gong1980, 1304) 80Da2769 delivered on June 23, 1981 (Gong1981, 14090) 87Meu13 delivered on September 26, 1989 (Gong1989, 1579)
Plaintiff 1 et al., Counsel for the plaintiff 1 and 13 others-appellee et al.
Korea
Scare class
Seoul High Court Decision 90Na35392 delivered on November 8, 1990
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
As to the Plaintiffs’ grounds of appeal
Before the Civil Code of January 1, 1960 entered into force, the family head's heir, in accordance with the provisions of Article 11 of the Decree on the Civil and Civil Affairs of Joseon before the Civil Code enters into force, shall be in accordance with customs. According to the customs of the Republic of Korea, the family head's heir at the time of the death of Australia shall, in principle, be in the mother of the mother, and even if the mother of the married head of the family dies before the commencement of the inheritance, he shall not succeed to the family head's heir, even if there is less than two male descendants, and if there is no successor to the family head of the other family such as the ex post facto mother, he shall belong to the last father of the Australia,
According to the reasoning of the judgment of the court below, the court below held that the deceased non-party 1, who is the head of Australia, was born with the non-party 2 (the deceased on July 9, 1932), and died on April 24, 194, the deceased non-party 23 and the deceased non-party 3, who is the head of the deceased non-party 23 and the head of the deceased non-party 3, and the deceased non-party 7 and 8, who is the deceased non-party 3, respectively. The deceased non-party 1's head of the deceased non-party 1's head of the deceased non-party 1's family, and the real estate of this case, which is the miscarriage, was jointly reverted to the rights of the deceased non-party 1 and the non-party 4 and the non-party 5, who is the deceased non-party 1's head of the family, and it cannot be attributed or succeeded to the rights to the non-party 7 and the non-party 8.
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 Kim Sang-won (Presiding Justice)