Whether a woman is also included in the person who is born in the family due to the lack of the heir of the Gu's customary property (affirmative)

When a family, other than the head of the Gu, dies, the miscarriage shall be inherited only to a child within the same family register, and a woman shall not have the right to inherit, but if the head of the family or the family dies, and if no heir of the property exists, the right of the miscarriage shall be vested in the person who has recently been married, and in such cases, the person who has been married shall

Article 100 of the Civil Act

Supreme Court Decision 66Da41 delivered on March 22, 1966, Supreme Court Decision 69Da1324 delivered on April 14, 1970, 79Da1200 Delivered on December 9, 1957

Plaintiff

Defendant 1 and 28 others, Attorney Choi Young-do, Counsel for the defendant-appellant

An independent party intervenor 1 et al., Counsel for the plaintiff-appellant

Seoul High Court Decision 88Na16312, 16329 (Intervention) decided January 18, 1989

The appeal application is dismissed.

The grounds for applying for appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged the fact that the real estate in this case was owned by the deceased non-party 1 based on its macroficial evidence, and died on January 5, 1951 after the deceased non-party 1's death after the deceased non-party 2 married with the deceased non-party 3 and gave birth to only the deceased non-party 4 who was married with the deceased non-party 1. The above non-party 4 was married with the non-party 5 and died after the non-party 6 gave birth to the non-party 6, and the above non-party 6 was deceased without the death of the non-party 1. The court below determined that each of the real estate in this case was acquired by the above non-party 2 who married with the non-party 1 before the death of the above non-party 1, and therefore, each of the above real estate was inherited by the deceased non-party 2 and the non-party 4 through the non-party 6's inheritance or the non-party 6.

According to the previous precedents on inheritance order in the former custom, when a family member dies of a non-family member, the miscarriage shall be inherited only to a child in the same family register, and there is no inheritance right for a female member (Supreme Court Decision 69Da1324 delivered on April 14, 1970; Supreme Court Decision 77Da1185 delivered on June 27, 1978; Supreme Court Decision 79Da1741 delivered on December 11, 1979; Supreme Court Decision 79Da1200 delivered on January 15, 1980; Supreme Court Decision 66Da41 delivered on March 22, 1966; Supreme Court Decision 68Da1212 delivered on August 31, 196; Supreme Court Decision 200Da1745 delivered on August 15, 197; Supreme Court Decision 200Da1759 delivered on August 16, 207).

Therefore, if the above non-party 1 died on 1945, after the departure of the non-party 2 as discussed in this paper, it can be known that the non-party 1 did not belong to the family register of the non-party 7 who was affiliated with the independent party intervenor at the time of the death of the non-party 1, according to the statement of the non-party 3-1 (the transcript of the family register No. 5, the evidence No. 1-1, the same shall apply to the non-party 1). Thus, his legacy due to his death shall belong to the non-party 2 who is the last relative. As alleged by the defendants, even if the non-party 1 died on 1909, the non-party 2 succeeded his own property as his lineal descendant, even if the non-party 1 died on 1909, the non-party 1 was not determined clearly as the date of the death of the above non-party 1, but it cannot be viewed that there is no reason to interpret the previous precedents concerning inheritance.

Therefore, the appeal application is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)