1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except where the court added additional judgments as to the grounds for appeal as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendants asserted that the Defendants were liable to respond to the Plaintiff’s claim on the premise of inheritance by representation, since the inheritance by representation of the deceased G following the death of the deceased H was commenced, and then the deceased H gave the renunciation of inheritance by representation of the deceased G, separate from the renunciation of inheritance by representation of the deceased G.

B. The adjudication on the refusal of succession by the family court of the relevant legal principles is merely recognized as satisfying the requirements for the refusal of succession, and the final determination on whether the effect of the refusal of succession is not confirmed, is a matter to be decided in civil procedure in accordance with the substantive law.

(See Supreme Court Order 201S191 Decided April 16, 2012, and Supreme Court Order 2016Ma1056 Decided October 21, 2016, etc.). An inheritor may waive the inheritance within three months from the date on which he/she becomes aware of the commencement of the inheritance (Article 1019(1) of the Civil Act). The date on which he/she becomes aware of the commencement of the inheritance refers to the date on which he/she becomes aware of the occurrence of the cause of the commencement of the inheritance. In cases of ordinary inheritance that begins due to the death of the inheritee and has no difficulty in recognizing the order or qualification of inheritance, it is reasonable to view that the inheritor was aware of the fact on which he/she became his/her heir by becoming aware of the cause of the commencement of the inheritance. However, since there is a de facto or difficult problem in the process of identifying who is ultimately inheritor, it is difficult to ascertain the fact that his/her heir became immediately due to the fact of the commencement of inheritance.