[소유권확인등][집31(2)민,98;공1983.6.1.(705),813]
01. Inheritance order and shares of inheritance in case where the period of disappearance expires at the time when the former Civil Act is enforced and is declared missing after the enforcement of the new Civil Act;
Where the period of disappearance of an inheritee was expired on June 3, 1955 at the time of the enforcement of the former Civil Act, but the disappearance was declared on March 3, 1962 after the enforcement of the new Civil Act, an inheritor under the current Civil Act, such as the wife of the inheritee, etc., pursuant to Article 25 of the Addenda of the Civil Act, shall jointly inherit the deceased, and only South
Article 25(2) of the Civil Code; Articles 28 and 100 of the Civil Code
Plaintiff 1 and 7 others, Counsel for the defendant-appellant
Attorney Lee Jong-hoon et al., Counsel for the defendant-appellant
Seoul High Court Decision 81Na3732 delivered on July 8, 1982
The judgment below is reversed and the case is remanded to Seoul High Court.
The defendant's attorney's grounds of appeal are examined.
According to Article 25(2) of the Addenda of the Civil Act, where the family head or the inheritance of property commences due to an adjudication of disappearance, even when the period of disappearance expires during the enforcement period of the former Civil Act, if such disappearance is declared after the enforcement date of the new Civil Act, the order of inheritance, and the provisions of the new Civil Act shall apply to inheritance, inheritance and other inheritance
However, according to the reasoning of the judgment below, the court below acknowledged the fact that the period of disappearance of the deceased non-party 1 who was the owner of the forest of this case expired June 3, 1955 at the time of the enforcement of the former Civil Act, and the fact that the deceased non-party 1 was sentenced to March 3, 1962 at the time of the enforcement of the new Civil Act. According to the provisions of the new Civil Act at the time of the commencement of inheritance due to the adjudication of disappearance, the court below reversed the judgment below that the forest of this case was solely inherited by the deceased non-party 2 due to the death of the deceased non-party 1, the deceased non-party 2, and the deceased non-party 4, who was the wife, and the deceased non-party 2, did not have any influence on the ownership of the plaintiffs who were inherited by the deceased non-party 2, and it did not err in the misapprehension of the judgment below.
Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young