meaning of "the date when the commencement of inheritance is known" under Article 1019 (1) of the Civil Act;

The term "date when the commencement of inheritance becomes known" as prescribed in Article 1019 (1) of the Civil Act means the cause for the commencement of inheritance.

It refers to the date when he/she becomes his/her heir by knowing the occurrence of the fact, and it does not mean the date he/she becomes aware of the existence of the inherited property.

Article 1019(1) of the Civil Act

Supreme Court Decision 69Da232 Decided April 22, 1969

Appellant 1 and 8 others, Counsel for the plaintiff-appellant-appellant-appellee

Seoul Family Court Order 84BB19-127 dated June 26, 1984

All reappeals are dismissed.

The grounds of reappeal are examined.

According to Article 1019 of the Civil Act, a property inheritor may grant simple acceptance, qualified acceptance, or waive the inheritance within three months from the date when he becomes aware of the commencement of the inheritance. Here, since the date when he becomes aware of the commencement of the inheritance refers to the date when he becomes aware of the occurrence of the fact causing the commencement of the inheritance, and it is interpreted as the date when he becomes aware of the existence of the cause of the commencement of the inheritance. Therefore, the order of the court below to this purport is just and there is no argument that

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)