Persons entitled to select ex post facto adopted children by Australia at the time of the Gu Civil Act

In practice, it is customary that the right to select ex post-maternal children of the deceased head of the family is in the primary place of the deceased head of the family, in the absence of a male who is to inherit the head of the family.

Article 867 of the Civil Act

Supreme Court Decision 1948Da159 Decided November 30, 1948

[Defendant-Appellee] Plaintiff 1 and 3 others, Counsel for defendant-appellee

Defendant (Attorney Kang-ho, Counsel for defendant-appellant)

Gwangju High Court Decision 77Na160 delivered on January 19, 1978

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. The judgment below rejected the defendant's assertion that the non-party 2 purchased the above land from the above non-party 1 on October 17, 1944 after the Jeju City ( Address omitted) was owned by the deceased non-party 1 in this City, and the non-party 1 confirmed the death on July 26, 1946 and confirmed that the registration of transfer of ownership in the future of the defendant was forged by a document required for registration relations, and that the defendant's non-party 2 purchased the above land on October 17, 194. The records are acceptable in the review of the records, and there is no error of law such as the theory of lawsuit in the process of evidence preparation or deliberation.

2. Under the Gu Residents Act, if the head of the family dies and if there is no male who will succeed to the head of the family, the right to select a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person who is a person to be a person to be a person to be a person to be a person to be a person to be a person who is a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a person to be a child.

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)