Main Issues
The probative value of a sufficient table
Summary of Decision
In order for a clan to clarify the scope of the members of the clan, the family clan is produced and distributed on the basis of the time of the clans in order to make the family clans clear, by stating the blood ties, spouse, and personal records of the entire members, and barring any special circumstance to recognize that the family clans have been fabricated, it is reasonable to believe that the contents of the family clans on the family clans are in accordance with the empirical rule.
[Reference Provisions]
Article 187 of the Civil Procedure Act, Article 120 of the Family Register Act
Reference Cases
[Plaintiff-Appellee] 96S67 decided March 3, 1997 (Gong1997Sang, 1227)
Re-appellant
[Judgment of the court below]
The order of the court below
Seoul Family Court Order 99B87 dated December 20, 1999
Text
The order of the court below is reversed, and the case is remanded to the Seoul Family Court Panel Division.
Reasons
The grounds of reappeal are examined.
1. According to the reasoning of the order of the court below, with respect to the Re-Appellant's assertion that the Re-Appellant's main text was recorded differently from the actual main text due to erroneous entries and reports in the original racing or the Kim Jong-do at the time of the formation of the family register, the court below rejected the appeal on the ground that it is difficult to recognize it only by the entries in each of the records, each of the original family register copies, resident registration copies, resident registration copies, main confirmations, satisfaction copies, each of each personal letter of guarantee, and the statement of the witness Kim Jong-deok-soo, which are recorded differently in the records
2. A. A. A. A. A. The clans or clans of the re-appellants are produced and distributed on the basis of the time table of the re-appellants to clarify the scope of clans, by stating the whole son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's 6th son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's 6th son's son's son's son's son's son's son's son's son's son'.
B. The statements and statements of the reference person submitted by the re-appellant are consistent with the above system of the re-appellant, especially his own principal racing. In light of the fact that denying the blood hair or recognizing other blood transfusions as one's own blood transfusion in our country's traditional thinking method, it is not easy to dismiss the above materials.
C. Nevertheless, the court below's rejection of the Re-Appellant's assertion and dismissal of the appeal on the grounds as seen above shall be deemed to have committed an unlawful violation of the rules of evidence, which affected the conclusion of the judgment. Thus, the ground for reappeal pointing this out has merit
3. Therefore, the order of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Im-soo (Presiding Justice)