A. The meaning of "the day on which the commencement of inheritance became known" in Article 1019(1) of the Civil Act

(b) Effect of renunciation of inheritance not in compliance with the method prescribed by the Civil Act;

A. "Date of becoming aware of the commencement of inheritance" under Article 1019(1) of the Civil Act refers to the date on which an inheritor becomes aware of the occurrence of the cause of the commencement of inheritance (i.e. the death of an inheritee), and it does not mean the date on which the inheritor becomes aware of the existence of inherited property or the date on which he becomes aware of the system of

B. As the waiver of inheritance is legally stipulated in the Civil Code, it should be effective in accordance with the Civil Code, and if not, it shall not be effective.

Article 1019(1) of the Civil Act

Supreme Court Order 86S10 Dated April 22, 1986

A and 3 others

Daejeon District Court Order 87BBE35 to 38 dated May 2, 198

All reappeals are dismissed.

We examine the grounds for reappeal.

According to the main text of Article 1019(1) of the Civil Act, a property inheritor may waive his/her inheritance within three months from the date on which he/she becomes aware of the commencement of inheritance. "the date on which he/she becomes aware of the commencement of inheritance" refers to the date on which he/she becomes aware of the occurrence (i.e. the death of an inheritee) of the cause of the commencement of inheritance, and it does not mean the date on which he/she

According to the records, the court below dismissed the appeal filed by the re-appellant on the ground that the Re-Appellant's report on the renunciation of succession to property has exceeded the reporting period, and there is no misunderstanding of the legal principles as to the renunciation of succession.

The Re-Appellants, who are not legal professionals, were not aware of the provisions of the Civil Act on the approval or renunciation of inheritance. The Re-Appellants, who made a will to inherit all of the property to C on January 26, 1982 before the death, is believed to have not commenced his/her testament. This will is believed to be the validity of his/her will. On February 17, 1987, the Seoul Civil District Court received a writ of summons for the date of pleading of inheritance claim filed against the Bank of Korea, and became aware that the obligation of the inheritee was inherited only within three months since it was legitimate to report the renunciation of inheritance. 2. If the active property of the inheritee is more than the active property of the inheritee, it would be reasonable to interpret the waiver of inheritance as the waiver of inheritance. 3. If the inheritance is discovered during the period of inheritance without clear knowledge of the existence or absence of positive property, the provision on the waiver of inheritance should not be considered as the date of the commencement of inheritance, but the provision on the waiver of inheritance should not be considered as the effective period of inheritance.

Therefore, all of the reappeals of this case are dismissed, and it is so decided as per Disposition with the assent of all participating judges.

Justices Ansan-man (Presiding Justice)