Adopted and Succession of Property

Although the inheritance of Australia is commenced due to ex post adoption under the new Civil Code, since the inheritance of the deceased's property is not commenced, the inheritance of the property of the deceased's deceased deceased's property at the time of the enforcement of the Gu Residents Act is not commenced, so long as the deceased's wife succeeds to the property, even if the plaintiff adopted the deceased's property as ex

Article 867 of the Civil Act

Supreme Court Decision 68Da1543 Decided November 26, 1968

[Judgment of the court below]

Defendant 1 and one other, Counsel for the defendant-appellant-at-law

Seoul Central District Court Decision 78Na1029 delivered on April 18, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment below, the court below is just in holding that the plaintiff's adoption of the non-party 1, who died on November 29, 1947, at the time of the former Civil Code, was not possible to inherit the non-party 3, who is the mother who died after the adoption of the new Civil Code, as long as the plaintiff adopted the non-party 2's wife, who was the father's wife who died earlier, as he was inherited. The judgment below is just in holding that the plaintiff could not inherit the non-party 3, who is the mother who died after the adoption, unless there are special circumstances to the contrary that the plaintiff can inherit the non-party 3, who is the mother who died after the adoption of the new Civil Code, and the plaintiff does not have the above inheritance as the cause of the claim in this case. Accordingly, the judgment below is just in that

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the plaintiff who has lost. It is so decided as per Disposition by the assent of all participating judges.

Justices Dra-ro (Presiding Justice)