Whether a person who died before the enforcement of the current Civil Code has the right to inheritance of property after the adoption of the adopted child has been reported as an adopted child.

Even if Defendant 3 was selected as the post-adopted by the deceased non-party 1 on April 15, 1957 with the permission of the court at the family council, as long as the adoption was reported on December 12, 1968 after the enforcement of the current Civil Code, Defendant 3 cannot inherit the property of the deceased non-party 1.

Articles 867 and 878 of the Civil Act, Article 2 of the Addenda to the Civil Act

Plaintiff

Defendant 1 and two others

Seoul and Criminal District Court Incheon (69A428) in the first instance trial.

(1) The part of the original judgment against the plaintiff shall be revoked.

(2) As to the plaintiff

Defendant 1, as of March 10, 1969, was received on March 10, 1969 by the Seoul Northern District Court, and completed the procedure for registration of cancellation of ownership transfer registration due to sale on March 7, 1969, and delivered the above real estate;

(b) On December 27, 1968, Defendant 2 performed the procedure for cancellation registration of ownership transfer registration due to sale and purchase on December 27, 1968 and delivered real estate in attached Schedules 2, 3, and 3; and

The defendant 3 shall implement the procedure for cancellation registration of transfer of ownership on the ground of family inheritance on December 20, 1968, which was received on December 20, 1968 by the above registry office on the real estate listed in the attached list 1, 2, and 3.

(3) The costs of lawsuit are assessed against the Defendants in both the first and second instances.

(4) A provisional execution may be effected only with respect to the delivery of the real estate in paragraph (2) above.

As to the plaintiff (2) and attached list 4, the defendant 3 shall perform the procedure for registration of cancellation of ownership transfer registration as Seoul Civil District Court's reinforcement registration office of December 13, 1968 as to the real estate stated in the attached list 4, and the defendant 2 shall perform the procedure for registration of cancellation of ownership transfer registration as to the above real estate as the same registration office of December 20, 1968 as the receipt of No. 3319 on December 20, 1968, respectively.

The costs of lawsuit are assessed against the defendants, and a provisional execution declaration, such as Paragraph (4), is sought.

The same shall apply to the order.

The real estate listed in the attached list 1, 2, and 3 is originally owned by the deceased non-party 1, and the fact that each ownership transfer registration has been completed in front of the defendant 1, 2, and 3 as shown in the attached list is not a dispute between the parties, and the real estate listed in the attached list 1 is the real estate owned by the defendant 1, and the real estate listed in the attached list 2, and 3 is the real estate possessed by the defendant 2, and it

However, according to the statements in Gap evidence Nos. 1 through 3 and 2, which do not conflict with the establishment of the family council, the deceased non-party Nos. 1 and 1 as Australia, died on April 15, 1957 as Australia, and as his relative, the deceased non-party Nos. 2 ( August 31, 1941), 3 (Death on September 19, 1920), 4 (Death on November 30, 1951), 5 (Death on August 14, 191), and the deceased non-party Nos. 6 as the deceased non-party No. 4's head, but the deceased also died on December 3, 1951, the deceased non-party Nos. 1 as the deceased non-party Nos. 1 and 2, the deceased non-party Nos. 1, the deceased non-party No. 2, the deceased non-party No. 1, the deceased non-party No. 1, the defendant No. 1 and the defendant No. 2 reported the defendant No. 1 and the defendant No. 2 reported. 1. 3. 1.

Therefore, the registration of transfer of ownership made before Defendant 3 on the real estate in this case shall be cancelled as the registration of invalidation of the cause for the inheritance in Australia. From this point, the registration of transfer of ownership completed in the name of Defendant 1 and 2 shall also be cancelled as the registration of invalidation of the cause for the transfer from the unentitled Person. Accordingly, the Defendants shall be liable for the cancellation of the registration of transfer of ownership in this case. Accordingly, Defendant 2 shall be liable for the cancellation of the registration of transfer of ownership in this case to the Plaintiff. Since Defendant 2 shall occupy the real estate listed in the separate sheet 2 and 3, and Defendant 1 shall possess the real estate listed in the separate sheet 1 without any title, it shall be liable for delivery to the Plaintiff. Accordingly, the judgment of different judgment in this case shall be cancelled, and the burden of litigation costs shall be decided as per Disposition by applying Article 96, Article 89,

[Attachment List omitted]

Judges Go Youngk (Presiding Judge)