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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
The grounds of appeal are examined.
A person who renounces inheritance shall be placed in the same position as before and after the commencement of inheritance (see, e.g., Supreme Court Order 2005Ma425, Jul. 4, 2006). In cases where the whole spouse and children of the inheritee have renounced inheritance, the spouse and the grandchild or lineal ascendant of the inheritee shall be jointly the heir, and if there is no grandchild or lineal ascendant of the inheritee, the spouse shall be the sole heir.
According to the facts duly established by the lower court, the following facts are revealed: (a) the deceased on August 6, 2010; (b) the deceased on August 6, 2010; (c) the deceased on the part of the deceased on the part of E and C, the spouse of E and I as the bereaved family at the time of the death; (d) C, and I reported the renunciation of inheritance on September 27, 2010 as the Suwon District Court Branch of Suwon District on September 27, 2010, and (e) the report was accepted on November 19, 2010; and (c) the deceased on the part of C as the children of Defendant A, Defendant B, and I.
Examining these facts in light of the aforementioned legal principles, as long as C, I waived the inheritance, the Defendants, the grandchildren of the deceased J, succeeded to the property of the deceased J jointly with E. Therefore, the lower court’s determination that the Defendants were the deceased J’s heir is justifiable, and did not err by misapprehending the legal doctrine on the waiver of inheritance.
However, an inheritor may waive his/her inheritance within three months from the time of becoming aware of the commencement of the inheritance (Article 1019(1) of the Civil Act), and the time of knowing the existence of the cause of the commencement of the inheritance refers to the day he/she becomes his/her heir by knowing the occurrence of the cause of the commencement of the inheritance (see, e.g., Supreme Court Order 86S10, Apr. 22, 1986). However, in special circumstances where it is difficult to know the existence of the cause of the commencement of the inheritance due to legal difficulties in the process of determining who is the heir ultimately, the heir was aware of the commencement of the inheritance even if he/she became his/her heir.