When a family member who is not a head of family dies, the miscarriage is a custom prior to the enforcement of the new civil law that if a lineal descendant is a lineal descendant, the lineal descendant shall be equally inherited, but if such lineal descendant is a woman, it shall be within the same family register

When a non-family member dies, the miscarriage is a custom before the enforcement of the new civil law that the lineal descendant is equally inherited if he/she is a lineal descendant, and that the lineal descendant is in the same family as that of the inheritee if he/she is a woman.

Article 100 (Legal Relationship of the Civil Act)

Judgment 66Da492 delivered on February 28, 1967

Plaintiff

Defendant

Seoul High Court Decision 69Na85 delivered on June 25, 1969, Seoul High Court Decision 69Na85 delivered on June 25, 1969

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The first ground for appeal by the plaintiff's agent is examined.

However, in light of the custom of the enforcement of the new Civil Act, when a family member who is not a head of family dies, the miscarriage shall equally succeed to the lineal descendant, but if the lineal descendant is not a male but a female, it must be the same family register as that of the deceased (Supreme Court Decision 66Da492 Decided February 28, 1967). Accordingly, the court below cited the judgment of the first instance court that held that the court below recognized the real estate which the non-party 1 died as a family member who is not a head of family and owned by the same person and that the non-party 2 and the defendant jointly succeeded to the real estate at an equal rate as it is, as it is, is not justified and discussed that the wife did not have any additional appeal, and that the original judgment cannot be applied to this case by citing the precedent on the former case is merely a criticism on the purport that the original judgment cannot be applied to this case.

The second ground of appeal is examined.

On April 21, 1960, Supreme Court Decision 4292No. 55 Decided April 21, 1960, where a family member who is not the head of family died, the miscarriage means that a lineal descendant in the same family register should be inherited in the case of a woman who is a lineal descendant, and that the lineal descendant should be in the same family register in the case of a woman, and that the case of a male does not have to be within the same family register. Therefore, the Supreme Court Decision 66Da492 Decided February 28, 1967 does not change the above purport of the above decision. Therefore, there is no doubt that there is illegality in customary errors or incomplete deliberation prior to the enforcement of the new Civil Act in the original judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the burden of the costs of appeal.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)