The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, the lower court acknowledged facts as indicated in its reasoning based on the evidence of employment, and determined that the deceased’s possession of 10,000 shares of G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was entrusted to the Defendant before the deceased’s death, and in substance, the deceased’s inherited property. The Defendant, upon the death of the deceased, exercised his authority as a shareholder by asserting that the above shares were not inherited property but as the Defendant’s own property, and by starting the management of the non-party company, acquired the right to dispose of all property of the deceased by asserting that the above shares were owned as the Defendant’s own property, and that such act constitutes “dispositive act of inherited property” as stipulated in Article 1026 subparag.

2. However, the lower court’s determination is difficult to accept for the following reasons.

Article 1026 of the Civil Act provides that "where any of the following grounds exists, an inheritor shall be deemed to have made a simple approval." Article 1026 of the Civil Act provides that "where an inheritor conducts a disposal act in respect of inherited property under subparagraph 1, the heir shall be deemed to have made a disposal act in respect of inherited property." Article 1026 subparagraph 1 of the Civil Act provides that "Where an inheritor disposes of inherited property before a qualified acceptance or renunciation is made upon knowing the commencement of inheritance for himself/herself after the commencement of inheritance (see, e.g., Supreme Court Decision 2003Da63586, Mar. 12, 2004)." Here, "disposal act" includes factual acts

(2) The preservation and management of the inherited property shall not constitute such act.

B. According to the reasoning of the lower judgment and the evidence admitted by the lower court, the deceased died on March 31, 2012 while substantially operating the non-party company, and the Defendant, the inheritor, to the Daegu Family Court on May 18, 2012.