Whether a person declared missing can become a heir in cases where the adjudication of disappearance is made after the death of the deceased but the period of disappearance expires before such death.

In a case where the non-party deceased died on July 2, 1951, and the non-party (A), who is his/her head, was declared missing on January 30, 1970 by the Seoul Family Court, the non-party (A) deemed dead on August 1, 1950, the day of death before the death of the non-party deceased, and thus, the non-party (A) is deemed deceased on August 1, 1950, and thus, the judgment of the court below that the non-party cannot be the inheritor of the non-party deceased is justifiable under the Civil Act of Korea, which provides for the time when the death

Article 28 of the Civil Act

[Judgment of the court below]

Jju-gun, Attorney Kim In-hwan, Counsel for the plaintiff-appellant

Seoul High Court Decision 81Na1623 delivered on February 5, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

According to the judgment of the court below, the court below found that the deceased non-party 1's family member was the deceased non-party 2 and non-party 3 who is the deceased non-party 2 and the second South, and the deceased non-party 1 died on July 2, 1951. The deceased non-party 2, son, who was his deceased on January 30, 1970, recognized that the deceased non-party 1 died on August 1, 1950 due to the deceased non-party 1's declaration of disappearance, and determined that the deceased non-party 2 could not be the deceased non-party 1's heir of the deceased non-party 1's property after the deceased non-party 1's declaration of disappearance. Thus, the court below's decision that the deceased non-party 2 declared that the deceased non-party 1's property will not be the deceased non-party 1's heir of the deceased non-party 1's death, and that the deceased non-party 2's declaration of disappearance of disappearance 9787.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)