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(영문) 수원지법 1984. 6. 1. 선고 83나136,84나137(병합) 제1민사부판결 : 확정
[소유권확인청구사건][하집1984(2),317]
Main Issues

old customs on inheritance in the event of the death of a woman family head;

Summary of Judgment

According to the old customs, in cases where a female head of a family dies and becomes extinct due to the absence of an heir, a miscarriage shall succeed to it and if he/she does not have a female, his/her father's relative, i.e., his/her father's father's relative, who is his/her father's relative, shall succeed to it in the order of the father's husband's husband's 4. The mother's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

[Reference Provisions]

Article 25 of Addenda to the Civil Act

Plaintiff (Appointed Party) and appellant

Plaintiff

Defendant, Appellant

Korea

The first instance

Suwon District Court (83 Ghana1416, 1641 Judgment)

Text

1. Revocation of the part against the plaintiff falling under the following paragraphs in the original judgment.

2. At Suwon-si, it is confirmed that each share listed in the separate sheet of shares in the 707 square meters 707 square meters prior to Suwon-si (number omitted) is owned by the Plaintiff (Appointed Party) and Nonparty 1, 2, 3, 4, and 5.

3. The remaining appeal by the plaintiff (appointed party) is dismissed.

4. All the costs of lawsuit shall be divided into two parts of the first and second instances, and one of them shall be borne by the defendant, and the remainder by the plaintiff (appointed party).

Effect of Request and Appeal

The original judgment shall be revoked.

It is confirmed that the land written in the order is owned by the plaintiff (appointed party) and the Appointeds 1, 2, 3, 4, and 5.

The judgment that the costs of lawsuit shall be borne by the defendant in both the first and second trials.

Reasons

In the case of Non-Party 1's non-party 2's non-party 1's land cadastre Nos. 1, 2's 9-1's non-party 2's non-party 9's non-party 9's non-party 1's non-party 2's non-party 9's non-party 2's non-party 9's non-party 9's non-party 1's non-party 9's non-party 9's non-party 9's non-party 1's non-party 2's non-party 9's non-party 9's non-party 9's non-party 1's non-party 2's non-party 9's non-party 1's non-party 2's non-party 9's non-party 2's non-party 9's non-party 1's non-party 9's non-party 9's non-party 1's non-party 9's non-party 9'

Therefore, the plaintiff and the designated parties who inherited the share of 12 percent of the real estate in this case shall be entitled to seek confirmation of ownership against the defendant who has overall control over the affairs of the destroyed cadastral restoration by restoring the name of the owner on the land cadastre in the name of the plaintiff and the designated parties and has completed registration of preservation of ownership within the limit of the above inheritance shares. Thus, this claim by the plaintiff (appointed parties) shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed without merit, and the judgment of different conclusions shall be revoked for the part against the plaintiff, which is unfair and confirmed to be owned by the plaintiff (appointed parties) and each designated party, and the remaining appeal by the plaintiff (appointed parties) shall be dismissed, without merit, and the remaining appeal by the plaintiff (appointed parties) shall be determined as per Disposition by applying Articles 89, 92 and 96 of the Civil Procedure Act with respect to the cost of litigation.

Judges Song-dae (Presiding Judge)

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