The case accepting the claim for recovery of family inheritance

Since the defendant, who was born to Eul after the birth of Eul to Eul, was married to Byung and reported the birth of the family register at the same time, was registered as the natural father's heir in the family register, on the ground that the defendant, who was the child between the former male division, was registered as the family father's heir in the family register. On the other hand, if the plaintiff, who was the head of the family, died after filing a separate report of birth from Eul, but became the inheritor of the head of the family, the defendant was not the natural father born between Eul and Byung, but was the inheritor of the head of the family, and thus, the plaintiff was infringed upon Eul or the plaintiff's right to inheritance of the head of the family, who was his heir, by referring to the inheritance of the head of the family, even though he

Articles 982 and 984 of the former Civil Act (amended by Act No. 4199 of Jan. 13, 1990)

Plaintiff

Defendant

Suwon District Court Decision 9Nu7410 delivered on December 9, 1992

1. The judgment of the court below is revoked.

2. The inheritance of Australia to the non-party 1, who was a permanent domicile of the Defendant, to the non-party 1, the family head of Pyeongtaek-dong (number omitted) shall recover to the Plaintiff.

3. The costs of the lawsuit are assessed against the defendant in both the first and second instances.

The same shall apply to the order.

1. According to the above family register No. 1, 2, 3, and 2 of the above family register No. 1 and the above family register No. 4 of the deceased, the deceased non-party No. 1 and the deceased non-party No. 1 were recorded in the above family register No. 5 of the deceased non-party No. 1 and the deceased non-party No. 4 of the deceased non-party No. 1 and the deceased non-party No. 1 were recorded in the above family register No. 9 of the deceased non-party No. 1 and the deceased non-party No. 4 of the deceased non-party No. 5 of the deceased non-party No. 1 and the deceased non-party No. 9 of the deceased non-party No. 1 were recorded in the above family register No. 9 of the deceased non-party No. 1 and the deceased non-party No. 4 of the deceased non-party No. 1 were the deceased non-party No. 1's heir No. 9 of the deceased non-party No. 1. 4.

2. If so, the plaintiff's claim of this case seeking recovery of the family inheritance of the deceased non-party 1, who is the defendant's title successor, is justified, and the judgment of the court below which concluded differently is unfair, and the judgment of the court below is revoked and the plaintiff's claim is accepted, and the costs of lawsuit are assessed against the defendant who has lost all the first and second trials. It is so decided as per Disposition.

Judge Lee Jong-gu (Presiding Judge)