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| TITLE | Supreme Court en banc Decision 2019Da232918 Decided November 19, 2020 【Lawsuit of Demurrer】 [full Text] |
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| Summary | |
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[1] Whether the inheritor who had full knowledge of both the commencement of inheritance and the fact of inherited debt in excess of inherited assets prior to May 27, 1998, is eligible for special qualified acceptance of inheritance (negative) [2] In a case involving an inheritor who was a minor at the time of commencement of inheritance, whether the inheritor “did not know the fact that the inherited debt exceeded the inherited property within the period under Article 1019(1) without any gross negligence” and the “date on which the inheritor knew the fact that inherited debt exceeded assets,” 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 retroactive 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 as of the time of the perception held by the minor inheritor’s legal representative, whether the said inheritor, after having reached the age of majority, is eligible for special qualified acceptance of inheritance based on his or her newly acquired perception (negative) |
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