A date when the commencement of inheritance becomes known means a date when he knows the occurrence of the cause of the commencement of inheritance and thereby knows that he has become a successor.

The term "date when the commencement of inheritance becomes known" means the date when a person becomes aware of the occurrence of the cause of the commencement of inheritance and thereby becomes a successor to it.

Article 1019(1) of the Civil Act

Plaintiff 1 and two others

Defendant

Daegu High Court Decision 68Na72 delivered on December 19, 1968

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's ground of appeal No. 1, Article 1019 (1) of the Civil Act provides that an inheritor may grant simple acceptance, qualified acceptance, or renunciation within three months from the date on which he became aware of the commencement of inheritance. Since the above law provides that an inheritor would take care of investigation or consideration in approving or giving up inheritance for a period of three months, the date on which the commencement of inheritance is known refers to the date on which he knows that an inheritor does not know of the occurrence of the cause of the commencement of inheritance, and that he becomes his heir. The court below's above opinion is justified by misapprehending the legal principles as to the waiver of inheritance. The court below did not err in the misapprehension of the legal principles as to the waiver of inheritance, since the non-party filed the principal lawsuit as a legal representative of the plaintiffs, who did not know that the non-party is his heir of this case due to the legal site of the law, but received the delivery of the judgment of the court of first instance on December 29, 196.

Determination on the ground of appeal No. 2

The court below is just and there is no ground of appeal that the defendant's order the defendant to pay damages to the defendant for the possession of the house without any legal authority, and there is no ground of appeal that the defendant has the right to reside at the time of the escape of the defendant.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Judges of the Supreme Court (Presiding Judge) Do-dong Do-won Nababri