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(영문) 부산고등법원(창원) 2014.11.06 2014나20410
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the modification of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be corrected;

A. Article 2(1) of the State Compensation Act (amended by Act No. 2710, Jul. 17, 1948; Act No. 21 of the U.S. military statutes; Article 27 of the Medical Service Act (amended by Act No. 471 of Feb. 22, 1958); Article 715, Article 710, and Article 711 of the Medical Service Act (amended by Act No. 471 of Dec. 31, 1959); and Article 27 of the Addenda of the Civil Act (amended by Act No. 471 of Feb. 22, 1958);

B. Part 8 of the judgment of the first instance court set the “date of the closing of argument in the instant case” as “date of the closing of argument in the first instance court.”

C. On January 23, 2013, the first instance court’s judgment No. 12, 12, and 9 stated “ By January 23, 2013, which is the date of sentencing” is deemed “by January 23, 2014, which is the date of sentencing in the first instance judgment.”

In the first instance court’s decision No. 86 of the first instance court’s decision, “Ma QU (Death on October 11, 1960)” is added.

E. On No. 86 of the first instance court’s decision No. 86, “The victim is the head of Australia, and thus his/her heritage is adopted, and TH, the successor to Australia, succeeds to Australia, is as follows.”

According to the former common law prior to the enforcement of the Civil Act, if the family head dies without a lineal descendant, the family head and property inherited in the order of the mother, wife, and lineal descendant living together with the family head and property, and if the family head and property are inherited by the family head and property, the family head and property inherited to the family head once the adopted family head are inherited by the latter.

(See Supreme Court Order 91S9 Dated December 10, 1991, etc.). The victim died on July 25, 1950 without any lineal descendant and succeeded to the property of the victim by the QU, who was adopted on April 21, 195 by TH, but was adopted on April 21, 195.

3. Conclusion.

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