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Main Issues
The custom on inheritance of property due to the death of a family member other than Australia before the enforcement of the current Civil Code;
Summary of Judgment
Before the enforcement of the current Civil Code, inheritance of property due to the death of a family member who is not a head of family is jointly inherited by the lineal descendant on a equal basis. If the lineal descendant is a woman who is not in the same family register as that of the inheritee, there is no inheritance right, and the inheritance of the adopted child was customary in Korea.
[Reference Provisions]
Article 100 of the Civil Act
Reference Cases
Supreme Court en banc Decision 79Da1200 Decided January 15, 1980 (Gong1980, 12583) 83Da432,83Meu1423 Decided September 25, 1984 (Gong1984, 1713) (Gong1984, 1713) 88Meu3619 Decided February 27, 199 (Gong190, 753)
Plaintiff-Appellant
Kim Dong-dong Kim
Defendant-Appellee
Korea
Judgment of the lower court
Suwon District Court Decision 90Na2304 delivered on October 16, 1990
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
We examine the grounds of appeal.
Before the enforcement of the current Civil Code, inheritance of property due to the death of a family member other than Australia is jointly inherited by the lineal descendant on a equal basis. If the lineal descendant is a woman who is not in the same family register as that of the inheritee, there is no inheritance right, and the inheritance of the adopted child was customary in Korea (see Supreme Court Decision 69Da1324 delivered on April 14, 197; Supreme Court Decision 79Da1200 delivered on January 15, 1980).
In accordance with the above legal principle, the court below's decision that the non-party Kim Dong-dong, who was the head of the plaintiff who was the non-party Kim Jong-ho's death on September 18, 1923 and was not the head of the plaintiff, the non-party Kim Dong-dong, the non-party Kim Dong-dong, and the non-party Kim Dong-dong, who was the father, succeeded jointly to the inheritance according to
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Woo-soo (Presiding Justice)