Cases where a correction of the family register has been applied for as a restoration method of family inheritance.

A lineal descendant or a lineal descendant of the deceased to be a successor of the family head of the family, who has the status of the inheritor of the family head of the deceased, may recover the family head of the family by the method of correction of the family register where he/she has obtained the status of the inheritor of the family head of the next rank.

Article 832 of the Civil Code, Article 120 of the Family Register Act

Mar. 4, 1970, Order 77S2

Applicant

Principal of the case

Seoul District Court Southern Branch Court Decision 83No. 1417, 1418

cancellation of the original decision.

The entry in the family register compiled in accordance with the family succession report of the principal of the case of the same family of the same old-dong (number omitted), which was kept in the Yeongdeungpo-gu Seoul Metropolitan Government Office, shall be canceled, and the organization of the entire entry in the family register of 1 other than the applicant of the previous family who was removed on March 24, 1983 shall be permitted.

The grounds of appeal shall be examined.

According to the records, the appellant is a male born on August 2, 1959, and the appellant is the head of the same network other than 1 (the death of March 15, 1983) who is the male born on the same day as the previous family register, and the male born on the other side of the family register (the death of March 15, 1983). As the appellant died on August 19, 1962 before the commencement of the family register inheritance, the appellant obtained the status of the heir of the family register as his lineal descendant. However, the appellant's lineal descendant died on March 15, 1983, when the non-party 1 born on the other side of the head of the household, who is the next family registry, died, and the principal of the household, who was the heir of the family, filed a report on the inheritance of the head of the household on the same day and filed a new report on the inheritance of the head of the household on the other side of the same month, each of the above facts can be recognized to have been removed.

In addition, according to the written consent submitted by the appellant, the principal of the case, which was formed by the above report of the family inheritance, is also a person who is not a legitimate family heir, and thus does not have a serious effect under the Family Act or the Inheritance Act. Thus, the above entry of the family register, which was newly formed by making the principal of the case as the family heir, is unlawful, and it is reasonable to cancel the entire entry in the family register in order to correct it, and to permit the compilation of the whole entry in the family register of 1, other than the family register, which was removed by the report of the family inheritance in March 24, 1983, before the cancellation by the report of the family inheritance in the same case.

Therefore, since the family register newly compiled by making the principal of the case as the heir of Australia is unlawful, it shall be cancelled, and the petition of this case by the appellant who seeks to compile a restoration of all the family register records of the non-party 1 of the family register prior to the cancellation and removal by the family family inheritance report of the principal of the same case as of March 24, 1983 is justifiable, and it shall be permitted. Accordingly, the decision of the original court shall be revoked and it shall be decided as per Disposition by the appellant with the cancellation of the original decision and the acceptance of the petition of this case by the appellant.

Judges Park Jong-dae (Presiding Judge) (Presiding Justice)