Main Issues
Inheritance of a woman's heritage and a woman of women
Summary of Judgment
If a female head of family dies and there is no person to succeed to it, that miscarriage is not a child of female head of family, but a child of female head of family head of family head of family head of family.
Li customs is Li customs.
[Reference Provisions]
Article 997 of the Civil Act
Plaintiff-Appellant
Plaintiff 1 and two others
Defendant-Appellee
Defendant 1 and four others
Judgment of the lower court
Seoul High Court Decision 71Na1505 delivered on September 17, 1971, Seoul High Court Decision 71Na1505 delivered on September 17, 197
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The plaintiffs' attorney's grounds of appeal are examined.
In this case, the real estate of this case is the inherited property of the non-party 2, who is the husband of the non-party 1, and the non-party 1 has no person to succeed to it, and it is a customary custom of our custom that the heritage of this case goes back to the female who was born to the female at the female family registry (see the purport of the judgment of the Joseon High Court of September 22, 1922). In this case, the real estate of this case is the inherited property of the non-party 2, who is the husband of the non-party 1, and the non-party 1 has succeeded to the family, and the non-party 1 has not yet completed the inheritance, and there is no other way to do so. Accordingly, the decision of the court below that the real estate of this case registered in the name of the non-party 1 was the heritage of the non-party 1, the state of the non-party 1, and returned to the deceased non-party 2's birth in accordance with our custom, and it is difficult to view that it is unlawful without the conclusion that it is an appeal.
The judges of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Judge) of the Republic of Korea