Main Issues
The case holding that the abuse of parental authority under Article 924 of the Civil Act constitutes a cause for loss of parental authority
Summary of Judgment
In light of the fact that the claimant, who had been in an internal relations with the defendant Gap, was registered as being born between the principal of the case and the above Gap on his family register after the defendant's husband's death, the principal of the case was registered as being born between him and the above Gap on his family register, and the principal of the case completed the procedure of division of the inherited property through consultation on the inherited property of the above Gap. However, since the division was made disadvantageous to the principal of the case whose interests conflict with each other, and then the principal of the case received a return of part of the inherited property after filing a lawsuit, it constitutes a cause of loss of parental authority under Article 924 of the Civil Code.
[Reference Provisions]
Article 924 of the Civil Act
Cheong-gu person
Claimant
appellees
appellees
Text
1. The appellee shall lose parental authority over the principal of the case;
2. The trial expenses shall be borne by the respondent.
Purport of claim
The text of paragraph (1) is as follows.
Reasons
As public documents, Gap evidence Nos. 1 (No. 2), Gap evidence No. 4, Gap evidence No. 6 (written judgment), Gap evidence No. 5 (written judgment), and Gap evidence No. 5 (written judgment) which are presumed to have established the authenticity of the part of the private documents, and the testimony No. 1 of the witness No. 6 (written judgment No. 4) which are presumed to have been filed at the time of the above-mentioned claim No. 9 and the above-mentioned case No. 2 (the defendant's title No. 2, Dec. 19, 1934, death on July 7, 1982) are presumed to have been registered with the non-party No. 9 and the non-party No. 2's non-party No. 944, Dec. 13, 1954, and the non-party No. 197, Dec. 15, 196>
Therefore, this case's appeal of this case is reasonable and used, and the costs of trial are assessed against the losing party at the expense of the losing party. It is so decided as per Disposition by the assent of all participating parties.
Judges, Kim Jong-hoon (Presiding Judge)