Where the quantity is reduced due to the death of an adopted child who is a head of the Gu customary, the relationship between the ownership of the property inherited by the adopted child from the both father;

According to the former custom, where a person who has been adopted by another family for the purpose of family inheritance died without a male to inherit the family head in the state of marriage after the death of the father of the mother who is the head of the family and inherited the property thereof, and where there is no person to become female family head in the family or no person to become female head in the family head has been selected after the death of the father of the mother who is the head of the family, the property inherited by the two father from the other father shall be reverted to the last parent according to the number of the newly determined villages, unless there is any family member in the same family head of the family register.

Article 100 of the Civil Act

Supreme Court Decision 74Da731 Delivered on July 26, 1974

Plaintiff 1 and six others (Attorney Park Jae-sik, Counsel for the plaintiff-appellant)

Korea Land Trust Co., Ltd and 22 others

Intervenor 1 (Law Firm Jeong, Attorneys Park Jong-chul et al., Counsel for the intervenor-appellant)

Intervenor 2

Seoul High Court Decision 2005Na100757, 100764, 1007771 decided October 18, 2006

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

Article 25(1) of the Addenda of the Civil Act, enacted and promulgated by Act No. 471 of February 22, 1958, which entered into force from January 1, 1960, provides that "the provisions of the former Act shall apply even after the enforcement date of this Act with respect to the inheritance commenced before the enforcement date of this Act," and Article 11 of the Decree provides that the inheritance commenced before the enforcement of the Civil Act on January 1, 1960 shall be based on custom at the time of the inheritance. However, according to the former custom before the enactment and enforcement of the Civil Act, where a male family member who was the head of Australia died without the inheritance of the head of Australia, 196, 200, 196, 300,000,000,000, 196,000,000,000, 196,000,000,000,000

Meanwhile, according to the former custom, the adopted child acquires the status of the adopted child as guardian from the time of adoption, and the relationship between the two father's relatives is established on the basis of both father's relatives. Since the new relationship is established by mediating both father's relatives, including father's father's father's father's father's father's father's father and father's father's father's father's father's father's father, the adopted child cannot become a member of a clan naturally formed by grouping the father's father's father's father's father's common father's father's father's father's father's father's husband's father's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband.

According to the facts and evidence established by the court below, ① Nonparty 1 was born on March 2, 189 to Nonparty 2, Nonparty 1 (hereinafter “the deceased”), but was adopted on August 15, 1916 by Nonparty 3; ② Nonparty 3 was killed on August 5, 1939, and Nonparty 1 was the deceased’s wife, and Nonparty 2 was the deceased’s wife’s wife, Nonparty 5 (hereinafter “the instant real estate”). Nonparty 1 was the deceased’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s wife’s 856m2 (hereinafter “the instant real estate”). Nonparty 1 and Nonparty 4 were the deceased’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s deceased. Nonparty 6.

On the other hand, in light of the above legal principles, there was no male to inherit the deceased at the time of the death of the deceased, the wife had already died, and the non-party 4, his father, had already died, and even if the non-party 4, who was his father, died at once after the death of the deceased, and succeeded to the deceased's property, even if the deceased died on October 1951 prior to the enforcement of the Civil Act, and the adopted children did not have been selected thereafter, the quantity of the deceased was cut off. Thus, the real estate of this case inherited by the deceased from his both sides was reverted to the non-party 5, who was the last parent of the deceased.

Nevertheless, the court below held that the plaintiffs, who were descendants of the non-party 18 among the children of the non-party 17, jointly inherited the shares of the non-party 18 out of the real estate of this case on the premise that the recent father of the deceased, who will belong to the real estate of this case, is the child of the non-party 17, who is the father of the non-party 17, who is the father of the non-party 17. This judgment of the court below is erroneous in the misapprehension of legal principles as to the scope of the most recent father because the heir who was the deceased before the

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)