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(영문) 대법원 2000. 6. 9. 선고 2000다8359 판결
[소유권이전등기말소][공2000.8.1.(111),1635]
Main Issues

Whether the principle of the principle of the net rule on inheritance in the case of death of an unmarried person by South and North Korea is also applicable to the family head of the network, his/her descendants, and losses from the loss (affirmative)

Summary of Judgment

Although the inheritance of the head of the married family and the inheritance of property in the case of the head of the family where the head of the married family dies in preference to the head of the married family and where the head of the family dies, the inheritance of the head of the family and the inheritance of the property in relation thereto are not open between the persons who are directly required to inherit the head of the deceased family and the persons who are currently obligated to inherit the head of the deceased, it is a custom of our country prior to the enforcement of the Civil Act to regard the deceased head of the deceased as the decedent and to determine the heir in accordance with the standards for the determination of the heir. As such, in cases where the head of the South and North were deceased in his/her unmarried status, the principle of net grade is naturally applied not only between the head of the deceased family and the head of the deceased family, and their descendants and losses (the head of the Si/Gun and the south of the deceased).

[Reference Provisions]

Articles 984, 1000, and 101 of the Civil Act

Plaintiff, Appellant

Plaintiff (Law Firm Han-soo, Attorneys Seo-soo et al., Counsel for the plaintiff-appellant)

Defendant, Appellee

Defendant

Judgment of the lower court

Seoul District Court Decision 99Na53222 delivered on January 13, 2000

Text

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

Reasons

The grounds of appeal are examined.

Although the inheritance of the head of the married family and the inheritance of the family in the case of the death of the head of the family in the case of the head of the married family and the death of the head of the family in the case of the head of the married family, the inheritance of the head of the family in the case of the head of the married family and the inheritance of the family in the case of the death of the head of the family are not open between the persons who are directly required to inherit the head of the deceased family and the person who is currently obligated to inherit the head of the deceased, it is the custom of our country before the enforcement of the Civil Act to regard the deceased head of the deceased as the decedent and to determine the heir in accordance with the standards for the determination of the heir. Therefore, the principle of net grade is naturally applied not only between the head of the deceased family and the head of the deceased family, and the head of the deceased, and the loss (the head of the deceased head of the Si/Gun and the south of the deceased) but also

According to the reasoning of the judgment of the court below and the reasoning of the judgment of the court of first instance cited by the court below, the court below determined that the deceased non-party 1, who is the name of the situation of the forest of this case, was two children of the deceased non-party 2 and the deceased non-party 2, who is the second male, and the deceased non-party 3 and the deceased non-party 4, who is the second male. The non-party 2 was killed on December 22, 1931 (the non-party 4, who is the second male 2, was born on August 9, 1932) and the non-party 2, who is the second male 1, was deceased on August 13, 192, and the non-party 1, who was the deceased non-party 1 and the deceased non-party 4, who was the first male 1, had no dispute between the parties on the death of the deceased non-party 2 and the deceased non-party 1.

In light of the above legal principles and the records, we affirm the above determination by the court below as just, and there is no error of law by misapprehending the legal principles on the Australian inheritance and the inheritance of property before the enforcement of the Civil Act. The grounds for appeal cannot be accepted.

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

Justices Lee Yong-woo (Presiding Justice)

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