The probative value of a sufficient table

In order for a clan to clarify the scope of the members of the clan, the family clan is produced and distributed on the basis of the time of the clans in order to make the family clans clear, by stating the blood ties, spouse, and personal records of the entire members, and barring any special circumstance to recognize that the family clans have been fabricated, it is reasonable to believe that the contents of the family clans on the family clans are in accordance with the empirical rule.

Article 187 of the Civil Procedure Act, Article 120 of the Family Register Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Re-Appellant and Principal of case

Daegu District Court Order 96BB3 dated September 9, 1996

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

The grounds of reappeal are examined as follows.

According to the reasoning of the order of the court below, the court below dismissed the appeal on the ground that the second-appellant's main text of this case is "the first school nature" and the statement of "Sulsan" in the main column of the family register injury was insufficient to recognize the second-appellant's assertion that the second-appellant's main text of this case is "the first school nature" and there is no other evidence to acknowledge it.

However, in order for a clan or a literature to clarify the scope of its members, it is produced and distributed by entering and distributing the blood ties, spouse, and official ability of all his/her descendants on the basis of the view of the clan in order to clarify the scope of its members. Unless there are special circumstances that it is recognized that the family clan was fabricated, it is reasonable in accordance with the empirical rule to believe that the entries of the family clan in the family clan in relation to the blood ties, which was submitted by the re-appellant as supporting materials, are consistent with the academic rule. Therefore, according to the records, it is reasonable to view that the academic nature submitted by the court below until the decision of the court below was completed in the last time, and rather, according to the letter of confirmation on the preparation of the family ties in the monthly and the letter of guarantee on the preparation of the completed family ties, it is reasonable to view that the above family ties was created and distributed fairly from the clan.

Nevertheless, the court below's dismissal of appeal is not against the rules of evidence since it is not sufficient to recognize the Re-Appellant's assertion on the ground that the Re-Appellant's satisfaction table was recently prepared, and the statement of the satisfaction table alone is sufficient to conclude that the Re-Appellant's satisfaction table was recently prepared.

Therefore, the order of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-hun (Presiding Justice)