meaning of the day on which the commencement of inheritance is known under Article 1019(1) of the Civil Act;

Under the provisions of Article 1019(1) of the Civil Act, an inheritor may waive an inheritance within three months from the time when he becomes aware of the commencement of the inheritance, and "the day when he becomes aware of the commencement of the inheritance" refers to the day when he knows the occurrence of the cause of the commencement of the inheritance and knows that he was his heir, and it does not mean the day when he knows the existence of the inherited property

Article 1019(1) of the Civil Act

Supreme Court Decision 69Da232 Decided April 22, 1969, 74Da163 Decided November 26, 1974

Appellant 1 and 1 others, Counsel for the plaintiff-appellant-appellants

Incheon District Court Order 1986 February 28, 1986, 86B1

All reappeals are dismissed.

We examine the grounds for reappeal.

Article 1019(1) of the Civil Act provides that an inheritor may waive an inheritance within three months from the time when he became aware of the commencement of the inheritance, and "the day when he became aware of the commencement of inheritance" refers to the day when he becomes aware of the occurrence of the cause of the commencement of inheritance and became his heir with the fact known, and it does not mean the day when he becomes aware of the existence of the inherited property (see Supreme Court Decision 74Da163, Nov. 26, 1974). Thus, as long as the re-appellant becomes aware of the death of the deceased on July 26, 1985, the re-appellant shall be deemed to have known that he was his heir, and as such, the fact that he was aware of the fact that he was a joint and several surety obligation of the deceased on November 17, 1985.

Therefore, in the same purport, the judgment of the court of first instance and the judgment of the court below that dismissed the appeal by the re-appellant for the reason that the waiver of inheritance by the re-appellant becomes later than three months after the commencement of inheritance became known, is just, and there is no such illegality.

Therefore, all reappeals are dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)