The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

The grounds of appeal are examined.

1. According to Article 25(1) of the Addenda to the Civil Act (amended by Act No. 471 of Feb. 22, 1958) and Article 11(1) of the Decree on the Civil and Civil Affairs of the Ship, inheritance commenced prior to the enforcement of the Civil and Civil Act shall be customary.

If the head of a family died before the enforcement of the Civil Code, the heritage of the head of a family is customary at the time that the heir of the family succeeds independently.

(See Supreme Court Decision 90Meu2301 delivered on October 30, 1990, etc.). Meanwhile, according to the custom prior to the enforcement of the Civil Act (hereinafter “former custom”), the head of family died without a male to inherit. In the case of unmarried persons at the time of death, the head of the net head of the family shall succeed to the head of the family in accordance with the principle of the type of punishment, and in the case of married persons at the time of death, the head of the net head of the family shall succeed to the head of the family, and in the case of married persons at the time of death, the head of the net head of the deceased family shall be temporarily succeeded to the head of the family until the adopted children

(2) Article 202 of the Civil Procedure Act provides that “The principle of free evaluation of evidence declared by Article 202 of the Civil Procedure Act does not need to be bound by the formal rules of evidence, and does not allow a judge’s arbitrary judgment.” Thus, the fact finding shall be in accordance with logical and empirical rules based on the principle of justice and equity, and even if the fact finding falls under the discretion of the fact-finding court, it shall not go beyond the limit (see, e.g., Supreme Court Decisions 2009Da7198, 77204, Apr. 13, 2012). The lower court, on the grounds stated in its reasoning, stated in its reasoning, that K is an unmarried person under customary law at the time of death, and thus, it does not need not allow a judge’s arbitrary judgment. Therefore, the lower court stated each of the instant real estate inheritance as the heir of each of the instant real estate (hereinafter “the heir of each of the instant real estate”).