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(영문) 광주고법 1953. 10. 9. 선고 4286민공136 민사제2부판결 : 확정
[토지인도청구사건][고집1948민,29]
Main Issues

A family succession relationship in case where the head of a family has died, but there is no male who will succeed to the family;

Summary of Judgment

In a case where the head of a family dies and there is no male who is to inherit his own family, if there is no right to inheritance of the head of a family, and if only the head of the family is the mother and the head of the family, the mother will succeed to the rights and obligations of the inheritee as a family heir until the family's heir exists, and even if the mother has no ability to care due to the decline of the mother, the mother's succession of rights

[Reference Provisions]

Article 968 of the former Civil Code

Plaintiff and the respondent

Plaintiff

Defendant, Prosecutor, etc.

Defendant

Text

This case is dismissed.

Expenses for public prosecution shall be borne by the defendant.

fact

The defendant¡¯s attorney shall revoke the original judgment.

The plaintiff's claim is dismissed.

The plaintiff's attorney is seeking a judgment that the total cost of the lawsuit shall be borne by the plaintiff, and the plaintiff's attorney is seeking a judgment in the disposition.

The actual statement by both parties is identical to the facts indicated in the original judgment, thereby citing it as is.

As evidence, the plaintiff's attorney submitted the evidence No. 1, and stated that the defendant's attorney is the time of establishment of No. 1, 2, and 3 of the court below witness No. 1 and the defendant's attorney submitted the evidence No. 1 and No. 2, and the defendant's attorney stated that he is the time of establishment of No. 1, No. 4, 5, and 6 of the court below witness No. 4, 5, and 6.

Reasons

According to the reasoning of the judgment below, the non-party 8, etc., who were gathered by the plaintiff 7 and the non-party 8, who were found to have no effect on the non-party 8's acquisition of farmland, and the fact that the non-party 7 died at the time of the disaster, because the non-party 8 was the non-party 8's possession of the land and the non-party 8's possession of the land was no dispute, and the plaintiff's heir of the deceased non-party 7, who is the non-party 8's owner of the land was no longer entitled to the non-party 8's purchase of the land for the non-party 8's purchase of the land for the non-party 8's own use of the farmland, and the non-party 8's owner of the land was no longer entitled to the non-party 4's ownership transfer of the land for the non-party 8's new use of the land for the non-party 8's new use of the land.

The term of office of a judge Lee Jae-soo (Presiding Judge)

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