Cases of law by misunderstanding legal principles as to inheritance;

Even if the family heir becomes the representative of a farming family, it is not possible to become the representative of a farming family.

Article 25 of the Civil Code

Plaintiff

Gyeongbuk-do

Daegu District Court Decision 67Na227 delivered on September 14, 1967

We reverse the original judgment.

The case shall be remanded to the Daegu District Court Panel Division.

(2) The defendant's attorney's grounds of appeal are examined as follows.

According to the reasoning of the judgment below, the court below acknowledged the fact that the land of this case was originally owned by the non-party 1 and cultivated by the non-party 2 from around 1935 to around 1935 at the time of the enforcement of the Farmland Reform Act, and the plaintiff died on October 15, 1951, and the non-party 2 paid in full the repayment rice as his heir and completed the registration of ownership transfer in the name of the plaintiff on May 26 of the same year. However, according to the evidence evidence No. 7 (the deceased non-party 2's family register copy of the family register), the deceased non-party 2 was the non-party 3, who was married to the plaintiff on March 6, 1936, and the deceased non-party 4 (the representative of the farming household on November 3, 1936) was not exempt from the law of inheritance due to the non-party 2's death in the name of the non-party 2, the deceased non-party 2, who was born 2, who was born.

Therefore, by applying Article 406(1) of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.

Judge Do-dong (Presiding Judge) of the Supreme Court Decision Do-dong (Presiding Justice)