If the wife of the deceased head of the deceased head of the family who inherited the family and the inheritance of the deceased as at the time of the enforcement of the former Civil Code dies after the enforcement of the new Civil Code, the applicable law to the decision of inheritance order (new Civil Code)

In a case where the wife of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the family who inherited the deceased head of the deceased head of the family, according to custom at the time of the enforcement of the former Civil Act, determination of the order of inheritance on the female property shall be governed by the new Civil Act, and even if the female head of the deceased head of the family, who was the deceased, inherited the property at the market price according to custom at the

Article 25 (1) of Addenda to the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-young et al., Counsel for plaintiff-appellant)

[Defendant-Appellee] Plaintiff (Attorney Im Jae-soo, Counsel for defendant-appellee)

Defendant 1 and two others (Attorney Kim Chang-won, Counsel for the defendant-appellant)

Jeju District Court Decision 97Na1495 delivered on April 22, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

1. On the first ground for appeal

In a case where the wife of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the deceased head of the family who inherited the family and the inheritance of the deceased by custom at the time of the enforcement of the former Civil Code, the new Civil Code shall apply in determining the order of inheritance of the female's property. Even if the female head of the family, who was the deceased, inherited the property at the market price according to custom at the time of the enforcement of the former Civil Code, it does not change even if the female head of the family had succeeded to the property according to the custom at the time of enforcement of the former Civil Code (see, e.g., Supreme Court Decisions 92Da7955, May 22, 1992; 9

On the same premise, the judgment of the court below that the deceased non-party 3, non-party 4, non-party 5, non-party 6 and their inheritors, who are the deceased non-party 2's brothers and sisters, who are the deceased non-party 1's husband, cannot inherit the above non-party 1's property is just, and there is no error in the misapprehension of legal principles as to the inheritor like the theory of lawsuit.

Since the inherited property of this case is not brought about by the deceased non-party 1 from her natives but succeeded to the property of the city, the property should be inherited to the husband's brothers and sisters rather than inherited to the relatives of her natives, not only conform to the legal sentiment and social rules, but also the argument that the legal principles of custom and inheritance law are legal principles is just an independent opinion and thus cannot be accepted. The argument is without merit.

2. On the second ground for appeal

In light of the records, the court below's rejection of the witness's testimony, consistent with the plaintiff's argument that the deceased non-party 1's sole heir, non-party 7 died earlier than the non-party 1, is justified, and there is no violation of the rules of evidence such as the theory of lawsuit.

We cannot accept the issue merely because it is erroneous for evidence preparation and fact-finding which belong to the full power of the fact-finding court.

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

Justices Cho Chang-hun (Presiding Justice)