In cases where the principle of the class of the net before the enforcement of the Civil Act and the family head has died with only the mother, wife, or dependent without a man to inherit, the head of family and the property heir.

According to the custom before the enforcement of the Civil Code, when the head of a family dies as an unmarried person, the head of the family and the property of the deceased family shall be inherited in accordance with the principle of the deceased net rule, and when the head of the family dies without a male who will succeed to the family, the head of the family and the property of the deceased family will be temporarily inherited until the father, wife and his/her father are appointed in accordance with the order of

Articles 984 and 100 of the Civil Act

Supreme Court Decision 79Da720 Delivered on June 26, 1976, 79Da725 Delivered on June 26, 1976

Man-Hand et al.

Mangn-soo et al.

Daegu District Court Decision 80Na125 delivered on October 8, 1980

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined (to the extent of supplement in case of the supplemental appellate brief).

According to the reasoning of the judgment below, the court below rejected the plaintiff 2's new co-inheritors's claim that the non-party 1 was deceased on May 31, 1918 and that the non-party 2 died on the ground that the non-party 1 died on the following grounds: the non-party 2 died on June 20, 1970, Daegu District Court No. 10686; the plaintiffs' assertion that the non-party 2 was the ownership of the non-party 1 deceased on July 22, 1931, and that the non-party 9 was the non-party 2 deceased on the ground that the non-party 1 died on the ground that the non-party 2 died on the non-party 4 deceased on the ground that the non-party 1 died on the non-party 1 died on the non-party 9's new property deceased on the condition that the non-party 2 deceased on the non-party 1 died on the non-party 2's new property deceased on the ground that the non-party 1 deceased deceased on the deceased.

In light of the above fact-finding and decision of the court below, the decision of the court below is just, and there is no error in the misapprehension of the legal principles as to mistake of facts or customary inheritance due to the violation of the rules of evidence or there is no error in the misapprehension of the legal principles as to the above facts-finding and decision. In addition, the court below discussed this point of view as follows: (a) the forest of this case was originally owned in the middle of the Pansan New Cr. Symology and was under trust in the middle of the 1918.5.31 on May 31, 1918; (b) the trust relation with the non-party New Cymology was terminated through the resolution of October 10, 1969; and (c) the defendants decided to trust the title of the trust with the non-party New Cymology, which is the cause of the above sentence, and therefore, (d) the defendants made registration of ownership preservation in the future of the defendants

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 judges.

Justices Yoon Il-young (Presiding Justice)