Property successors in cases where a female head of the family dies and becomes extinct under the common law of the Gu.

Before the enforcement of the current Civil Code, if a female head of the family dies in accordance with the custom of Korea and he/she becomes extinct due to the lack of his/her heir, the miscarriage shall be inherited to the female head of the family, and if the female head of the family dies without any lineal descendant, he/she shall not be attributed to his/her blood relative who would be different if he/she died, but shall succeed to his/her additional property.

Article 1053 of the Civil Act (amended by Act No. 471 of February 22, 1958)

Seoul High Court Decision 71Da2307 delivered on February 29, 1972 (Article 997(2)62 of the Civil Act, Article 997(2) of the Civil Act, Article 20(1)122

Plaintiff

Korea

Suwon District Court Branch of Sungwon District Court (82Gahap205)

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The judgment of the court below shall be revoked.

It is confirmed that the real estate recorded in the attached list is owned by Nonparty 1.

All the costs of lawsuit shall be borne by the defendant.

The real estate in the separate sheet was originally owned by Nonparty 2, but its wife was deceased on November 4, 1926, and Nonparty 1 and Nonparty 1 and Nonparty 4 were deceased on the 5th anniversary of the fact that Nonparty 1 and Nonparty 5 were deceased on the 5th anniversary of Nonparty 1 and Nonparty 1 and Nonparty 4 were deceased on the 5th anniversary of the fact that Nonparty 1 and Nonparty 5 were deceased on the 19th anniversary of the 5th anniversary of the 196th anniversary of the 19th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1935.

The plaintiff originally owned the real estate of this case by the deceased non-party 2, and died after the deceased non-party 6's death, his lineal descendant. The plaintiff inherited the real estate of this case from the deceased non-party 1 on July 14, 1982. The plaintiff purchased the real estate of this case from the non-party 1 on the non-party 1 on the non-party 1 on the non-party 1's land cadastre, and the owner's disturbance was not restored, so before the enforcement of the current Civil Code, the plaintiff argued that the non-party 1 did not own the real estate of this case on the non-party 1 on the non-party 1 on the non-party 1's land cadastre. Thus, before the enforcement of the current Civil Code, the plaintiff's assertion that the non-party 1 did not inherit the estate to the non-party 1 on the condition that the non-party 1's husband's death did not belong to the non-party 1 on the non-party 1's inheritance.

Therefore, the plaintiff's claim of this case is without merit, and the judgment of the court below which has such conclusion is just and without merit, the plaintiff's appeal is dismissed, and the costs of appeal are assessed against the plaintiff who has lost. It is so decided as per Disposition.

Judges Park Jong-ho (Presiding Judge)