In a case where an inheritor is incompetent, the standard for determining whether the inheritor was unaware of the fact that the inherited obligation exceeds the inherited property within the period of Paragraph 1 of Article 1019 of the Civil Act (=legal representative)

Articles 1019(1) and (3), and 1020 of the Civil Act

[Plaintiff-Appellee] 2003S32 dated August 11, 2003 (Gong2003Ha, 2022)

National Agricultural Cooperative Federation

Defendant (Attorney Park Tae-ho, Counsel for defendant-appellant)

Daegu District Court Decision 2011Na10110 Decided December 9, 2011

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

The grounds of appeal are examined.

Article 1019(1) of the Civil Act provides that "An inheritor may grant a qualified acceptance within three months from the date on which he/she becomes aware of the commencement of the inheritance," and Article 1019(3) of the Civil Act provides that "An inheritor may grant a qualified acceptance within three months from the date on which he/she becomes aware of the fact that his/her inherited obligation exceeds his/her inherited property without gross negligence." Meanwhile, Article 1020 of the Civil Act provides that "where an inheritor is incompetent, the period under Article 1019(1) shall be calculated from the date on which his/her legal representative becomes aware of the commencement of the inheritance."

In addition to these provisions, the period under Article 1019(3) of the Civil Act is a exclusion period prepared to prevent the legal unstable situation between the parties by leaving the possibility of a report on qualified acceptance at any time (see Supreme Court Order 2003S32, Aug. 11, 2003). In full view of the purport of the legal representative system, the determination of “whether the heir has become unaware of the fact that the inherited obligation exceeds inherited property within the period under Article 1019(3) of the Civil Act without gross negligence” should be based on the legal representative if the heir is incompetent.

In the same purport, the court below is just in holding that the defendant's report of qualified acceptance on June 8, 2004, which was made on the expiration of three months after the expiration of the period of three months, since it became aware of the fact that the debtor's legal representative's obligation exceeds the inherited property on August 10, 200, and there is no error in the misapprehension of legal principles as to the scope of application of Article 1020 of the Civil Act or the legislative background and purport of Article 1019 (3) of the Civil Act, as otherwise alleged in the ground of appeal.

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

Justices Jeon Soo-ahn (Presiding Justice)