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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2019Da232918 Decided November 19, 2020 【Lawsuit of Demurrer】 [full Text]
Summary
[1] Whether the inheritor who had a full knowledge of the commencement of inheritance and the fact of inherited debt in excess prior to May 27, 1998, falls under special cases concerning qualified acceptance of inheritance (negative)
[2] In a case involving an inheritor who is a minor, whether the inheritor “did not know the fact that the inherited debt exceeds the inherited property within the period under Article 1019(1) without any gross negligence” and the “date on which the inheritor knew the fact of inherited debt in excess,” as prescribed in Article 1019(3) of the Civil Act or Articles 3 and 4 of the Addenda of the Civil Act (Jan. 14, 2002) concerning the retrospective application of Article 1019(3), ought to be determined based on the perception held by the said inheritor’s legal representative (affirmative)
[3] In a case where either Article 1019(3) of the Civil Act concerning the provision on special cases concerning qualified acceptance of inheritance is inapplicable or the limitation period thereof has elapsed based on the time of the perception held by the minor inheritor’s legal representative, whether the said inheritor, having reached the age of maturity, is eligible for special cases concerning qualified acceptance of inheritance based on his or her own perception (negative)
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Next 【Syllabus of Latest Opinion】Supreme Court Decision 2017Du36212 Decided November 12, 2020 【Revocation of Penalty Surcharge Payment Order】
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