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(영문) 대법원 1970. 1. 27. 선고 69다1954 판결
[소유권이전등기말소][집18(1)민,039]
Main Issues

If there is no fact that a female head has left his family before the enforcement of the Civil Code, the female head of the family after enforcement of the Civil Code.

Re-transmission is merely the cause of family inheritance.

Summary of Judgment

As long as a female head of the family has not left his family register before the enforcement of the Civil Code, the marriage of female head of the family is merely a cause of family inheritance after the enforcement of the Civil Code.

[Reference Provisions]

Article 980 of the Civil Act, Article 997 of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant 1 and nine others

Defendant 1 and six supplementary intervenors

Kim North-North

Judgment of the lower court

Seoul High Court Decision 68Na2612 delivered on October 10, 1969, Seoul High Court Decision 68Na2612 delivered on October 10, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The first ground for appeal by the plaintiff et al. is examined.

The court below rejected the above legal reasoning that the non-party 1 was the deceased non-party 4's non-party 1's ownership of the forest and field No. 2,3 and 4's original right to share the deceased non-party 1, and that the non-party 1 was the deceased non-party 1's right to share the above forest and field since the non-party 5's deceased non-party 1 was the deceased non-party 5's old family council's non-party 4's non-party 2's non-party 2's non-party 1's non-party 4's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 4's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 4's non-party 1's deceased.

It shall be judged on the second ground of the same title.

As mentioned above, the original judgment held that the above Oral Ship was the mother of Eul, who died in only one year after the birth, and that the family head of the Dong, who was the spouse of the Dong, who had been the former head of the Dong, had succeeded to the family head's family, and that there was no fact that he left his family register before the enforcement of the Civil Code (such as the foregoing, that he had been the above family register and that he had been the head of the family), and that there was no misunderstanding of customs as to the inheritance at the time of the enforcement of the Civil Code, or misunderstanding of the legal principles as to the legal divorce system, which could not be said to have been erroneous in the judgment of the court below, and that the death of the unmarried head of the family, a South Korean custom, was the death of the family head of

In the event that his mother was unable to inherit Australia, it is argued that the above judgment was erroneous in recognizing that the over-the-counter ship, which had been practically opened, had been inherited by the Do head of Australia, even though she was not able to inherit Australia, and therefore, he cannot hear this question.

Therefore, according to the unanimous opinion of all participating judges, it is decided in accordance with Articles 400, 384, 95, and 89 of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu

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