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(영문) 대법원 1981. 11. 26.자 80스44 결정
[호적정정허가신청각하결정에대한재항고][공1982.1.15.(672),84]
Main Issues

The family register correction of a family register on matters that have a significant impact on the inheritance law (the case of matters other than the correction of the family register);

Summary of Judgment

The correction of a family register pursuant to Article 120 of the Family Register Act shall be limited to a case where the matters to be corrected are minor, and where such correction has a serious effect on the family or inheritance law, such as birth, death, marriage and removal from the family register by marriage, the father-child relationship and the permanent domicile of the mother, such correction shall not be allowed unless it is

[Reference Provisions]

Article 120, Article 123 of the Family Register Act

Reference Cases

Supreme Court Order 77Ma332 dated July 18, 1967 dated September 22, 1970 dated November 14, 1973 dated April 27, 1961 73Ma872 dated April 25, 1979

Re-appellant

A and 3 others

United States of America

Chuncheon District Court Order 80Ra42 dated October 6, 1980

Text

The reappeal is dismissed, respectively.

Reasons

As to the reasons for the reappeal:

Article 120 of the Family Register Act provides that an interested party may apply for the correction of the family register with the permission of the court when it is recognized that there is an error or omission in the family register under the law or when there is an error or omission in the family register. The court below rejected the application for the correction of the family register without the permission of the court, because the correction of the correction is minor in light of the simple procedure, and it is impossible to correct the marriage law or inheritance law such as birth, death, marriage and removal from the family register, mother's permanent domicile, etc. (Law No. 4293No41 delivered on April 27, 1961; Law No. 67Ma32 delivered on July 18, 1967; Law No. 70Ma450 delivered on Sep. 22, 1970; Law No. 7372 delivered on Nov. 14, 197; Law No. 3650, Apr. 71, 197).

Therefore, all reappeals' reappeals' reappeals are dismissed as without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)

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심급 사건
-춘천지방법원 1980.10.6.자 80라42
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