Customs on the extinction of a claim for recovery of inheritance before the enforcement of the Civil Act

Before the enforcement of the current Civil Code, the claim for recovery of inheritance under the customary law shall be deemed to expire 6 years after the heir or his legal representative becomes aware of the infringement of the inheritance right, or 20 years after the commencement of the inheritance, and even if there was an infringement of the inheritance right after the commencement of the inheritance, the claim for recovery of inheritance right shall expire 20 years after the commencement of the inheritance.

Articles 982 and 99 of the Civil Act

Supreme Court Decision 80Da1392 Decided January 27, 1981 (Gong1981, 13719) (Gong1989, 288)

Plaintiff (Attorney Jeong-won et al., Counsel for the plaintiff-appellant)

Defendant (Attorney Yoon Jong-sung et al., Counsel for the defendant-appellant)

Suwon District Court Decision 90Na3826 delivered on December 21, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

(1) A claim for recovery of inheritance under the customary law prior to the enforcement of the current Civil Code shall be deemed to expire at the expiration of 6 years from the time the heir or his legal representative becomes aware of the infringement of the right to inheritance, or 20 years from the time the inheritance commenced, and even if there was an infringement of the right to inheritance after the commencement of inheritance, the claim for recovery of inheritance after the lapse of 20 years from the time the inheritance commenced (see Supreme Court Decision 80Da1392 delivered on January 27, 1981)

The judgment of the court below to the same purport is justified and there is no reason to criticize the court below from the standpoint of objection.

(2) The lower court’s argument that the customary law in the old legal era is applied and thus, Articles 99 and 982 of the current Civil Act is guaranteed to property rights, and Article 23 of the Constitution and Article 27 of the Constitution stipulating the right to trial of the people, does not affect the outcome of the lower judgment. Therefore, the lower court’s decision is omitted.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Woo-soo (Presiding Justice)