(a) Common law on the family head and the inheritance of property at the time of enforcing the former Civil Act;

B. Whether the effect of inheritance of property by an erroneous family inheritance occurs to the effect of inheritance

A. According to our customs at the time of the enforcement of the former Civil Act, if a married South family head dies, he/she shall succeed to the family head according to the order of his/her lineal descendants, lineal ascendants, females, wife, etc., and if his/her punishment is deceased as a minor and unmarried person and there is a person who is married to the family head, he/she shall succeed to the family head, if he/she is a person who is a minor and unmarried person, and the family head's heir shall succeed to the property of

B. Even if a person who is not eligible for family inheritance is registered on the family register, etc. as a family inheritance, there is an erroneous family inheritance, and thus, the inheritance does not result in an effect of property inheritance.

Articles 984, 100, and 101 of the Civil Act; Article 25 of the Addenda to the Civil Act; Article 808, 814-2 of the Regulations of the Supreme Court

[Plaintiff-Appellant] 71. 31. 1. 31. 71. 71. 76Da494 decided July 13, 197 (Law No. 788 (11) 1594, 1978 house 20, 63) 76Da494 decided July 13, 1976 (Law No. 788 (11) 1469, 11269 house 24, 208 No. 5439298)

Plaintiff

Defendant

The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

The defendant shall implement the procedure for the registration of cancellation of transfer of ownership, which is completed on December 2, 1980 as the receipt No. 70703 of the receipt on December 2, 1980 with respect to the share of 1/4 of the real estate listed in (1) the registration of transfer of ownership as recorded in (2) the registration of transfer of ownership, which is completed on October 6, 1976 as No. 27329 of the above registry office, as to the share of 1/5 of the real estate listed in (3) the registration of transfer of ownership, which is completed on October 6, 1976 as listed in (2) the registration of cancellation of transfer of ownership, which is completed on October 6, 1976 by the above registry office, No. 2730 on October 6, 1976.

The costs of lawsuit are assessed against the defendant.

The plaintiff (designated party, hereinafter the plaintiff) is the cause of the claim of this case, and the real estate listed in the separate sheet was originally owned by the deceased non-party 1. The plaintiff was deceased on December 13, 1937, and the defendant asserts that the plaintiff, the designated party, and their children were liable to cancel the registration of transfer of ownership as stated in the purport of the claim as to the inheritance shares of the plaintiff and the designated party among each of the above real estate, and that the defendant had completed the registration of transfer of ownership on December 12, 1937, even though the defendant was the deceased non-party 3 on August 9, 1932 in lieu of the deceased non-party 1, 1932 who was the deceased non-party 3 as well as the deceased non-party 1 on December 13, 1937.

Therefore, according to our customary law at the time of the enforcement of the former Civil Act, the issue is whether the Plaintiff and the designated parties were to approve the common property of the deceased non-party 1, and according to our customary law, if the married head of a family dies, his/her lineal descendant, lineal ascendant, female, wife, etc. Where his/her punishment is deceased and there is a male male and unmarried person, he/she shall succeed to the head of a family in accordance with the principle of punishment, but where he/she is a deceased person, he/she shall succeed to the head of a family, and where he/she is a deceased person, he/she shall succeed to the head of a family. The deceased non-party 1 was his/her bereaved family as of December 13, 1937, and it is obvious that the deceased non-party 2, four South son, Kim Jong-soo, five Appoint-soo, Kim Jong-soo, and the deceased non-party 6 and the deceased non-party 1, the deceased non-party 1, the deceased non-party 1, his/her deceased 3, and his/her deceased 1, his/her deceased deceased 13.

In addition, even if the non-party 2, who is the wife of the non-party 1, was registered in the family register as the family registry, this error is erroneous, and there is a wrong family registry, and thus, it does not result in the effect of inheritance of property. Thus, the above legal principles do not affect the above.

Therefore, the claim of this case, which is based on the premise that the deceased non-party 2 becomes the deceased non-party 1's head of family and the deceased non-party 1's sole property successor after the death of the non-party 2, and the plaintiff and the appointed person were the co-property successor with the defendant, is without merit in the assertion itself, and is dismissed, and it is so decided as per Disposition by applying Article 89 of

Judge Attractiond Judge (Presiding Judge)