1. On the judgment of the defendant in Busan District Court 2012 Ghana 172697, the above court is the above court.

The plaintiff asserts that compulsory execution based on the judgment entered in the defendant's order should not be allowed for the part exceeding the scope of the inherited property from the deceased C (Death around July 19, 2016, hereinafter "the deceased").

As to this, the defendant asserts to the effect that the plaintiff's request for a qualified acceptance trial and subsequent qualified acceptance trial, etc. made three months after the deceased's death are invalid.

Judgment

The adjudication on acceptance of a report on qualified acceptance by the family court is merely a recognition of the requirements for qualified acceptance, not a confirmation of its validity, but a final judgment on whether the effect of a qualified acceptance by inheritance is effective is a matter to be decided in civil procedure according to the substantive law.

(1) Article 1019(1) of the Civil Act provides that “A successor may grant a conditional acceptance, qualified acceptance, or renunciation within three months from the date on which the inheritance commenced is known” (see, e.g., Supreme Court Decision 2002Da21882, Nov. 8, 2002). Article 1019(1) of the Civil Act provides that “Where an inheritor does not grant a conditional acceptance (including where an inheritor is deemed to have granted a conditional acceptance under subparagraphs 1 and 2 of Article 1026) without knowledge of the fact that his/her inherited obligation exceeds his/her inherited property within the period prescribed in paragraph (1) without gross negligence, the inheritor may grant a qualified acceptance within three months from the date on which he/she becomes aware of such fact.” Article 1026 subparag. 2 of the Civil Act provides that “Where an inheritor fails to grant a qualified acceptance or renunciation within the period prescribed in Article 1019(1) of the Civil Act

Article 1019(3) of the Civil Act is a newly established provision after the Constitutional Court’s decision of inconsistency with the Constitution (see, e.g., Constitutional Court en banc Order 96Hun-Ga22, Aug. 27, 1998) regarding Article 1026 subparag. 2 of the Civil Act. The inherited obligation under the foregoing provision exceeds inherited property.