Whether a person who died can correct the previous register and the record of the adoption report by the application for correction of the family register with the permission of the court (affirmative)

The entry of a deceased person into the register and the entry of a removed register which is reported to be adopted may be cancelled and restored by the application for correction of the family register with the permission of the court.

Article 120, Article 121 of the Family Register Act

Principal 1

Principal 2

Seoul Family Court Order 80BB3940 dated February 9, 1981

The original decision is reversed, and the case is remanded to the Seoul Family Court Panel Division.

The grounds of reappeal are examined.

According to the records, according to the records, the principal of this case was registered as deceased on July 26, 1977 and registered on March 2, 1978. On the other hand, according to the records, the principal of this case was transferred to the Dong-gun, Seongdong-do, Seoul, and the principal of this case was registered as the adoption report that the principal of this case should be adopted on the same day (the number of Dong-gun, Gyeonggi-do) on the same day from the Dong-gun, Dong-gun, Dong-do, 1978. The person who died was registered as the former register and reported the adoption, and the above title should not be legally invalid. Thus, the cancellation and restoration of the family register should be permitted, but the court below's decision on the invalidity of adoption does not have a serious influence on the relatives and inheritance laws, so it should not be viewed as a violation of the Family Register Act, and it should not be viewed as a violation of Article 120 of the Family Register Act.

Therefore, the decision of the court below is delivered with the assent of all Justices who reviewed the appeal.

Justices Jeon Soo-hee (Presiding Justice)