beta
(영문) 대법원 1984. 8. 23.자 84스17-25 결정

[재산상속인상속포기][공1984.11.15.(740),1723]

Main Issues

meaning of "the date when the commencement of inheritance is known" under Article 1019 (1) of the Civil Act;

Summary of Decision

The term "date when the commencement of inheritance becomes known" as prescribed in Article 1019 (1) of the Civil Act means the cause for the commencement of inheritance.

It refers to the date when he/she becomes his/her heir by knowing the occurrence of the fact, and it does not mean the date he/she becomes aware of the existence of the inherited property.

[Reference Provisions]

Article 1019(1) of the Civil Act

Reference Cases

Supreme Court Decision 69Da232 Decided April 22, 1969

Re-appellant

Appellant 1 and 8 others, Counsel for the plaintiff-appellant-appellant-appellee

The order of the court below

Seoul Family Court Order 84BB19-127 dated June 26, 1984

Text

All reappeals are dismissed.

Reasons

The grounds of reappeal are examined.

According to Article 1019 of the Civil Act, a property inheritor may grant simple acceptance, qualified acceptance, or waive the inheritance within three months from the date when he becomes aware of the commencement of the inheritance. Here, since the date when he becomes aware of the commencement of the inheritance refers to the date when he becomes aware of the occurrence of the fact causing the commencement of the inheritance, and it is interpreted as the date when he becomes aware of the existence of the cause of the commencement of the inheritance. Therefore, the order of the court below to this purport is just and there is no argument that

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)

심급 사건
-서울가정법원 1984.6.26.자 84브119(1)
본문참조조문