Civil Act of South Korea/INHERITANCE

CHAPTER Ⅰ INHERITANCE

SECTION1 General Provisions

Article 997 (Causes for Commencement of Inheritance)

An inheritance shall be commenced by death. <Amended by Act No. 4199, Jan. 13, 1990>

Article 998 (Place of Commencement of Inheritance)

An inheritance shall be commenced at the place of domicile of the in- heritee. [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]

Article 998-2 (Expenses for Inheritance)

Expenses for inheritance shall be paid out of the inherited property. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]

Article 999 (Claim for Recovery of Inheritance)

(1)If the right of inheritance is infringed by a person who pretends to have the right of inheritance, the person who has the right of inheri- tance or his agent by law may bring an action for recovery of inheri- tance. (2)The claim for recovery of inheritance under paragraph (1) shall lapse at the expiration of three years from the date he comes to know the infringement, or ten years from the date the right of inheritance is in- fringed. <Amended by Act No. 6591, Jan. 14, 2002> [This Article Wholly Amended by Act No. 4199, Jan. 13, 1990]

SECTION2 Inheritor

Article 1000 (Priority of Inheritance)

(1)In inheritance, persons become inheritors in the following order: <Amended by Act No. 4199, Jan. 13, 1990>

1.Lineal descendants of the inheritee;
2.Lineal ascendants of the inheritee; 
3.Brothers and sisters of the inheritee; and
4.Collateral blood relatives within the fourth degree of the inheritee.

(2)In the case mentioned in paragraph (1), if there are two or more inheritors standing in the same order, the closest in degree of relation- ship shall have the priority of inheritance. If there are two or more inheritors standing in the same degree of relationship, they become coinheritors. (3)With respect to the order of inheritance, an unborn child shall be considered as born. <Amended by Act No. 4199, Jan. 13, 1990>

Article 1001 (Inheritance by Representation)

Where a lineal descendant or a brother or sister who would become an inheritor in accordance with the provisions of Article 1000 (1) 1 and 3, has died, or has become disqualified before the commencement of succession, his or her lineal descendants, if any exist, shall become inher- itors in the order in which the deceased or disqualified person would have become the inheritor.

Article 1002

Deleted. <by Act No. 4199, Jan. 13, 1990>

Article 1003 (Order of Inheritance of Spouse)

(1)If there exist such inheritors as provided in Article 1000 (1) 1 and 2, the spouse of the inheritee becomes a co-inheritor, in the same order as the said inheritor. If there exists no inheritor, the spouse becomes the sole inheritor. <Amended by Act No. 4199, Jan. 13, 1990> (2)In the case mentioned in Article 1001, the spouse of the deceased or the disqualified person, before the commencement of inheritance, becomes a co-inheritor in the same order as the inheritors provided in the same Article. If there exists no inheritor, the spouse becomes the sole inheritor. <Amended by Act No. 4199, Jan. 13, 1990>

Article 1004 (Cause Whereby Inheritor becomes Disqualified)

No person who falls under any one of the following subparagraphs may become the inheritor: <Amended by Act No. 4199, Jan. 13, 1990; Act No. 7427, Mar. 31, 2005>

1.A person who has intentionally killed or attempted to kill a lineal ascendant, the inheritee, his or her spouse, or any person who has priority or is in the same order of inheritance;
2.A person who has intentionally assaulted a lineal ascendant, the in- heritee or his or her spouse, and caused their death;
3.A person who interferes by fraud or duress with a will or withdrawal of a will on inheritance of the inheritee;
4.A person who, by fraud or duress, has the inheritee make a will on his or her inheritance; and
5.A person who forges, alters, destroys or conceals a will on inheri- tance of the inheritee.

SECTION3 Effects of Inheritance

Sub-Section1 General Effect

Article1005(Inheritance and Succession of Blanket Rights and Duties)

An inheritor succeeds, from the time of the commencement of the in- heritance, to the blanket rights and duties pertaining to the property of the inheritee: Provided, That this shall not apply to the property which is entirely personal to the inheritee. <Amended by Act No. 4199, Jan. 13, 1990>

Article1006(Joint Inheritance and Co-ownership of Inherited Prop- erty)

If there exist two or more inheritors, they become co-owners of the in- herited property. <Amended by Act No. 4199, Jan. 13, 1990>

Article1007(Co-Inheritor’s Succession to Rights and Duties of In- heritee)

Each of the co-inheritors succeeds to the rights and duties of the in- heritee in proportion to his share of the inheritance.

Article 1008 (Shares of Inheritance for Special Beneficiary)

If any one of the co-inheritors has previously received a gift or testa mentary gift of property from the inheritee, and such property received is of less value than his share of the inheritance, he shall be entitled to a share of the inheritance within the limit of the difference between the said gifts and his legal share of the inheritance. <Amended by Act No. 3051, Dec. 31, 1977>

Article 1008-2 (Contributory Portion)

(1)If there is a person among co-inheritors who has specially supported the inheritee through sharing living accommodations or providing nursing, etc. for a considerable period or has specially contributed to the maintenance or increase of the property of the inheritee, the value, cal- culated by deducting his contributory portion as determined by an agree- ment of co-inheritors from the value of property of the inheritee at the time the inheritance is commenced, shall be considered as an inherited property. The amount calculated by adding such contributory portion to the inherited portion calculated under Articles 1009 and 1010 shall be the inherited portion of that person. <Amended by Act No. 7427, Mar. 31, 2005> (2)If co-inheritors fail to reach an agreement under paragraph (1), or if it is impossible to reach an agreement, the Family Court shall, upon the request of the contributor under paragraph (1), determine the contributory portion, taking into consideration the time, method and degree of the contribution, the value of the inherited property and other circumstances. (3)The contributory portion shall not exceed the amount calculated by deducting the value of testamentary gifts from that of property of the inheritee when the inheritance is commenced. (4)The request under paragraph (2) may be made when a request is made under Article 1013 (2), or as provided in Article 1014. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]

Article 1008-3 (Inheritance of Graveyards, etc.)

The right of ownership in forest land not more than 2.451 acres for graves and farmland for management of graves less than 1983.48 square meters, a genealogy, and ritual implements shall be succeeded to by the person who superintends the ancestral rites. [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]

Sub-Section2 Shares of Inheritance

Article 1009 (Legal Portions in Inheritance)

(1)If there exist two or more inheritors in the same rank, their shares of the inheritance shall be equally divided. <Amended by Act No. 3051, Dec. 31, 1977; Act No. 4199, Jan. 13, 1990> (2)The portions inherited to an inheritee’s spouse shall be increased by fifty percent over the inherited portion of his or her lineal descen- dant where he or she inherits jointly with his or her descendants, or fifty percent over the inherited portion of his or her lineal ascendant where he or she inherits jointly with his or her lineal ascendants. <Amended by Act No. 4199, Jan. 13, 1990> (3)Deleted. <by Act No. 4199, Jan. 13, 1990>

Article 1010 (Shares of Inheritance by Representation)

(1)The portion inherited by the person who becomes an inheritor in place of the deceased or disqualified person in accordance with the pro- visions of Article 1001 shall be that of the deceased or the disqualified person. (2)In the case mentioned in paragraph (1), if there exist two or more lineal descendants of the deceased or disqualified person, their shares of the inheritance shall be determined in accordance with the provi- sions of Article 1009, within the limit of the share of the inheritance of the deceased or disqualified person. The same shall also apply to the cases mentioned in Article 1003 (2).

Article 1011 (Assignment of Common Shares in Joint Inheritance)

(1)If one of the co-inheritors assigns his or her share of the inheri- tance to a third person, any other co-inheritor may obtain such share by transfer upon effecting a reimbursement of its value and expenses relating to the transfer. (2)The right mentioned in paragraph (1) shall be exercised within three months from the day on which such cause has been known or within one year from the day on which such cause has occurred.

Sub-Section3 Division of Inherited Property

Article1012(Determination of Method Division or Forbidding Division by Will)

An inheritee may by will determine the method of division of the inher- ited property, entrust a third person with such determination, or forbid division for a period not exceeding five years from the time of the com- mencement of the inheritance.

Article 1013 (Division by Agreement)

(1)Except as mentioned in Article 1012, co-inheritors may, at any time, effect the division of the inherited property by their agreement. (2)The provisions of Article 269 shall apply mutatis mutandis to the division of the inherited property mentioned in paragraph (1).

Article1014(Right to Apply for Division by Person, etc. Affiliated after Division of Inherited Property)

Where a person who has become a co-inheritor by affiliation or by a final judgement after the commencement of the inheritance applies for the division of inherited property, he or she may, if other co-inheritors have already effected the partition or other disposition, claim payment of the amount equivalent to his or her portion.

Article 1015 (Retroactive Effect of Division)

Division of an inherited property shall be effective retroactively from the time of the commencement of the inheritance: Provided, That the rights of third persons shall not be prejudiced thereby.

Article 1016 (Liability for Warranty to be Borne by Co-Inheritor)

Each co-inheritor shall, in proportion to his or her share of the inheri- tance, bear the same liability for warranty as that of a seller towards other co-inheritors with regard to the property acquired by them through division.

Article1017(Liability for Warranty for Solvency of Obligor to Inheri- tance)

(1)Each co-inheritor shall, in proportion to his or her share of the in- heritance, warrant the solvency of the obligor as of the time of division with regard to claims acquired by other co-inheritors through division. (2)With regard to an obligation which is not yet due or an obligation subject to a condition precedent, each co-inheritor warrants the solvency of the obligor at the time of performance.

Article 1018 (Apportionment of Warranty Liability of Insolvent Co- Inheritor)

If there is an insolvent person among co-inheritors liable for warranty, the portion of liability which such person is to bear is apportioned to those having the right to claim for reimbursement and other solvent co-inheritors in proportion to their inherited portions: Provided, That if the person who has the right to claim reimbursement fails to receive any reimbursement due to his own negligence, he may not make a demand upon the other co-inheritors to bear their portions.

SECTION4 Acceptance and Renunciation of Inheritance

Sub-Section1General Provisions

Article 1019 (Period for Acceptance and Renunciation)

(1)An inheritor to property may, within three months after he is in- formed of the commencement of an inheritance, effect an acceptance, absolute or qualified, or a renunciation: Provided, That such period may be extended by the Family Court upon the application of any party in- terested or of a public prosecutor. <Amended by Act No. 4199, Jan. 13, 1990> (2)An inheritor may examine the inherited property before effecting such acceptance or renunciation as mentioned in paragraph (1). <Amended by Act No. 6591, Jan. 14, 2002> (3)Notwithstanding the provisions of paragraph (1), where an inher- itor has made an absolute acceptance (including the case deemed to have made an absolute acceptance under subparagraphs 1 and 2 of Ar- ticle 1026) without knowing the fact that his inherited liability exceeds his inherited property within the period under paragraph (1) without any gross negligence, a qualified acceptance may be made within 3 months from the date on which he knew such fact. <Newly Inserted by Act No. 6591, Jan. 14, 2002>

Article1020(Period for Acceptance and Renunciation by Person with- out Legal Capacity)

If an inheritor is a person without legal capacity, the period mentioned in Article 1019 (1) shall be calculated from the time when his agent by law becomes aware that the inheritance has been commenced.

Article1021(Special Rule Governing Calculation of Period for Accep- tance or Renunciation)

Where an inheritor dies without effecting either acceptance or renunci- ation within the period mentioned in Article 1019 (1), the period men- tioned in Article 1019 (1) shall be calculated from the time when his inheritor becomes aware that the inheritance has been commenced in his favor.

Article 1022 (Management of Inherited Property)

An inheritor shall manage the inherited property with the same care as he uses with respect to his own property: Provided, That this shall not apply when the inheritor has effected either absolute acceptance or renunciation.

Article1023(Disposition Necessary for Preservation of Inherited Prop- erty)

(1)The court may, upon the application of any party interested or of a public prosecutor, at any time, order a disposition as may be nec- essary for the preservation of the inherited property. (2)Where the court appoints an administrator for property, the provi- sions of Articles 24 through 26 shall apply mutatis mutandis.

Article1024 (Prohibition of Revocation of Acceptance or Renunciation)

(1)Acceptance or renunciation of inheritance may not be revoked even within the period mentioned in Article 1019 (1). <Amended by Act No. 4199, Jan. 13, 1990> (2)The provisions of paragraph (1) shall not affect the voidance in accordance with the provisions of Part I, General Provisions: Provided, That such right of voidance shall be extinguished by prescription, if it is not exercised within three months from the day on which it became pos- sible to effect ratification, or within one year from the day on which acceptance or renunciation was effected.

Sub-Section2 Absolute Acceptance

Article 1025 (Effect of Absolute Acceptance)

If an inheritor effects an absolute acceptance, he shall succeed without limitation to the rights and duties of the inheritee. <Amended by Act No. 4199, Jan. 13, 1990>

Article 1026 (Absolute Acceptance by Law)

Where the cause mentioned in any of the following subparagraphs exists, an inheritor shall be deemed to have effected an absolute acceptance: <Amended by Act No. 6591, Jan. 14, 2002>

1.If an inheritor has taken an act of disposition with regard to the in- herited property;
2.If an inheritor has failed to effect either a qualified acceptance or a renunciation within the period mentioned in Article 1019 (1); and 
≪This subparagraph was amended by Act No. 6591, Jan. 4, 2002 ac- cording to the decision of the Constitutional Court as unconstitutional on August 27, 1998≫
3.If an inheritor, after having effected a qualified acceptance or a re- nunciation, has concealed or fraudulently consumed, or failed inten- tionally to enter in the inventory, the inherited property.

Article 1027 (Exception to Absolute Acceptance by Law)

If an inheritor of second priority has accepted an inheritance owing to renunciation of inheritance effected by the inheritor, the cause mentioned in subparagraph 3 of Article 1026 shall not be deemed as an acceptance of inheritance.

Sub-Section3 Qualified Acceptance

Article 1028 (Effect of Qualified Acceptance)

An inheritor may effect an acceptance of inheritance on the condition that he shall perform the obligations and testamentary gift of the in- heritee only to the extent of the property to be acquired through the inheritance. <Amended by Act No. 4199, Jan. 13, 1990>

Article 1029 (Qualified Acceptance by Co-Inheritors)

If there exist two or more inheritors, each inheritor may effect an ac- ceptance of inheritance on the condition that he shall perform in pro- portion to his share of the obligations and testamentary gift of the in- heritee only to the extent of the property to be acquired in proportion to his share of the inheritance.

Article 1030 (Method of Qualified Acceptance)

(1)If an inheritor desires to effect a qualified acceptance, he shall file a report of qualified acceptance, attaching an inventory of the inherited property, with the court within the period mentioned in Article 1019 (1) or (3). <Amended by Act No. 7427, Mar. 31, 2005> (2)In effecting a qualified acceptance pursuant to Article 1019 (3), if there is any property, among the inherited properties, which is already disposed of, its inventory and value shall be submitted together. <Newly Inserted by Act No. 7427, Mar. 31, 2005>

Article1031(Qualified Acceptance and Non-extinction of Rights and Du- ties over Property)

Where an inheritor effects a qualified acceptance, any rights and duties over property which he had towards the inheritee shall be deemed not to have been extinguished.

Article 1032 (Public Notice and Peremptory Notice towards Obligees)

(1)A qualified acceptor shall, within five days after he has effected the qualified acceptance, notify the general obligees in succession and the testamentary donees by public notice that he has effected a qualified acceptance and that they are called upon to notify him of their claims or testamentary gifts within a specified period of not less than two months. (2)The provisions of Articles 88 (2) and (3), and 89 shall apply muta- tis mutandis to the cases mentioned in paragraph (1).

Article1033(Refusal of Performance within Period of Peremptory Notice)

A qualified acceptor may refuse performance of obligations relating to inheritance, until the expiration of the period mentioned in Article 1032 (1).CIVIL ACT제10편 민사법 민법189- (Supp. 29)(Supp. 29) 189-

Article 1034 (Performance by Distribution)

(1)A qualified acceptor shall, upon the expiration of the period men- tioned in Article 1032 (1), effect performance to obligees who have no- tified him of their claims within such period, and to all other obligees known to him, in proportion to the amounts of their respective claims of the inherited property: Provided, That the rights of the obligees who have priority may not be prejudiced thereby. (2)Where a qualified acceptance is made pursuant to Article 1019 (3), the inheritor shall effect the performance of paragraph (1) by adding up the amounts of the remaining inherited property and the inherited prop- erty already disposed of: Provided, That the amount of performance which is already effected to obligees in inheritance or testamentary donees before such a qualified acceptance is made shall be excluded from the amount of the property which is already disposed of. <Newly Inserted by Act No. 7427, Mar. 31, 2005>

Article 1035 (Performance of Obligations, etc., which are not yet Due)

(1)A qualified acceptor shall perform in accordance with the provisions of Article 1034 even those obligations which are not yet due. (2)Conditional obligations or obligations with uncertain duration shall be performed according to the valuation of an expert appointed by the court.

Article 1036 (Performance to Testamentary Donees)

A qualified acceptor may not effect performance to testamentary donees until he has completed performance to all obligees inherited in accor- dance with the provisions of Articles 1034 and 1035.

Article 1037 (Sale of Inherited Property by Auction)

When it is necessary to sell out some or all of the inherited properties in order to perform the obligations in accordance with the provisions of Articles 1034 through 1036, an auction shall be held pursuant to the Civil Execution Act. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6544, Dec. 29, 2001>

Article 1038 (Liability Arising from Unfair Performance. etc.)

(1)If a qualified acceptor has neglected to give a public or peremptory notice pursuant to the provisions of Article 1032, or has effected perfor- mance to some obligees in inheritance or testamentary donees in viola- tion of the provisions of Articles 1033 through 1036, and in consequence has become unable to effect performance to the other obligees in inheri- tance or testamentary donees, he shall redress any damages arising therefrom. This shall also apply to the cases where the inheritor who has neglected to know the fact that his inherited liability exceeds his in- herited property but has made a qualified acceptance pursuant to Article 1019 (3) had effected performance to some obligees in inheritance or testamentary donees before such a qualified acceptance. <Amended by Act No. 7427, Mar. 31, 2005> (2)In the case of the former part of paragraph (1), any obligee in inheri- tance or testamentary donee to whom no performance has been effected, may exercise the right to demand reimbursement from such obligees in the inheritance or testamentary donees, as having improperly received performance with knowledge of the circumstances. This shall also apply to the cases where there are obligees in inheritance or testamentary donees who have received performance from the inheritor, who has made a qualified acceptance pursuant to Article 1019 (3), before such a qual- ified acceptance with knowledge that the inherited liability exceeds the inherited property. <Amended by Act No. 7427, Mar. 31, 2005> (3)The provisions of Article 766 shall apply mutatis mutandis to the cases mentioned in paragraphs (1) and (2). <Amended by Act No. 7427, Mar. 31, 2005>

Article 1039 (Obligees, etc. who Fail to Give Notice of Their Claims)

Obligees in inheritance and testamentary donees who have failed to give notice of their claims within the period mentioned in Article 1032 (1), and who were unknown to the qualified acceptor, may receive per- formance only where there is any surplus of the inherited property: Provided, That this shall not apply where obligees to the inherited prop- erty and testamentary donees have special security interest with respect to the inherited property.

Article 1040 (Property Jointly Inherited and Appointment of Adminis- trator Thereof)

(1)Where there exist two or more inheritors, the court shall, upon the request of each inheritor or interested person, appoint an administrator of the inherited property among the co-inheritors. (2) The administrator appointed by the court shall have the right and duty to perform all acts relating to management of the inherited prop- erty and perform obligations on behalf of the co-inheritors. (3)The provisions of Articles 1022 and 1032 through 1039 shall apply mutatis mutandis to the administrator mentioned in paragraph (2): Provided, That the period of five days of public notice to be given in ac- cordance with the provisions of Article 1032 shall be calculated from the day on which an administrator became aware of his appointment.

Sub-Section4 Renunciation

Article 1041 (Method of Renunciation)

If an inheritor to property effects a renunciation of an inheritance, he shall make a declaration of renunciation to the Family Court within the period mentioned in Article 1019 (1). <Amended by Act No. 4199, Jan. 13, 1990>

Article 1042 (Retroactive Effect of Renunciation)

A renunciation of inheritance shall be effective retroactively from the time of the commencement of the inheritance.

Article 1043 (Reversion of Renounced Inherited Property)

Where there exist two or more inheritors, and one of them has effected a renunciation of inheritance, his share of the inheritance shall revert to the other inheritors in proportion to their respective shares thereof.

Article 1044 (Duty to Continue Management of Renounced Inherited Property)

(1)A person who has effected a renunciation of inheritance shall continue to manage the inherited property until the person who becomes in- heritor by reason of renunciation is able to undertake the management of the property. (2)The provisions of Articles 1022 and 1023 shall apply mutatis mu- tandis to the management of the property mentioned in paragraph (1).

SECTION5 Separation of Property

Article 1045 (Right to Apply to Court for Separation of Inherited Property)

(1)An obligee in inheritance, or a testamentary donee, or an obligee of an inheritor, may, within three months from the time of the com- mencement of the inheritance, apply to the court for the separation of the inherited property from the inherent property of the inheritor. (2)An application may be filed with the court for the separation of property even after the period mentioned in paragraph (1) elapses, until such time as an inheritor has not accepted or renounced the pertinent inheritance. <Amended by Act No. 4199, Jan. 13, 1990>

Article1046(Order to Separate Property, and Pubic and Peremptory Notice to Obligees, etc.)

(1)If the court has ordered a separation of property on an application as mentioned in Article 1045, the applicant shall, within five days, give public notice to the general obligees in inheritance and to testamentary donees, that an order for a separation of property has been issued and that they are called upon to give a notice of their claims or testamen- tary gifts within a specified period of not less than two months. (2)The provisions of Articles 88 (2) and (3), and 89 shall apply muta- tis mutandis to the cases mentioned in paragraph (1).

Article1047(Management of Inherited Property after Separation of Property)

(1)Where the court has ordered a separation of property, it may order the adoption of such measures as may be necessary for the management of the inherited property. (2)Where the court has appointed an administrator of property, the provisions of Articles 24 through 26 shall apply mutatis mutandis.

Article1048(Inheritor’s Duty to Manage Property Inherited after Separation of Property)

(1)Even after an inheritor has effected an absolute acceptance, and if a separation of property has been ordered, the inheritor shall hence- forth manage the inherited property with the same care as he uses with respect to his own property. (2)The provisions of Articles 683 through 685, and 688 (1) and (2) shall apply mutatis mutandis to the management of property mentioned in paragraph (1).

Article1049(Condition to Set up against Third Person in case of Sepa- ration of Property)

As to immovable inherited property, a separation of property cannot be set up against a third person, unless it has been registered.

Article 1050 (Separation of Property and Non-extinguishment of Right and Duty)

Where a separation of property has been ordered, the rights and duties of the inheritor to the inheritee with respect to the property shall not become extinguished.

Article 1051 (Refusal of Performance and Performance by Distribution)

(1)An inheritor may refuse performance to obligees in inheritance, and to testamentary donees, until the expiration of the periods mentioned in Articles 1045 and 1046. (2)The inheritor shall, upon the expiration of the period mentioned in paragraph (1), effect performance, out of the inherited property, to obligees in inheritance and testamentary donees who applied for the separation of property or who have notified within such period, and to obligees in inheritance and testamentary donees known to the inher- itor, in proportion to their amount of obligations or testamentary gifts: Provided, That the rights of obligees who have priority may not be prej- udiced thereby. (3)The provisions of Articles 1035 through 1038 shall apply mutatis mutandis to the cases mentioned in paragraph (2).

Article 1052 (Performance of Obligation out of Inherent Property)

(1)The obligees in inheritance and testamentary donees pursuant to the provisions of Article 1051 may be entitled to receive performance out of the inherent property of the inheritor only where they are unable to receive full performance from the inherited property. (2)In the case mentioned in paragraph (1), the obligees of the inher- itor shall have the right to receive performance in preference to other persons out of the inherent property of the inheritor.

SECTION6 Absence of Inheritor

Article1053(Administrator of Property of which Inheritor does not Exist)

(1)If it is unknown whether an inheritor exists, the court shall, upon the application of any relative of the inheritee pursuant to the provi- sions of Article 777 or any other interested person or the public pros- ecutor, appoint an administrator of the inherited property, and shall publicly announce the matter without delay. <Amended by Act No. 4199, Jan. 13, 1990> (2)The provisions of Articles 24 through 26 shall apply mutatis mu- tandis to the administrator of property mentioned in paragraph (1).

Article1054(Presentation of Inventory of Property and Report on Status of Property)

If a demand is made by any of the obligees in inheritance or testamen- tary donees, the administrator shall at any time present the inventory of the inherited property and report the status thereof.

Article 1055 (Cases in which Existence of Inheritor Becomes Clear)

(1)The duty of an administrator shall be terminated at the time when an inheritor effects an acceptance of inheritance. (2)In the case mentioned in paragraph (1), the administrator shall render an account of the management of the inherited property without delay.

Article1056(Liquidation of Property of which Inheritor does not Exist)

(1)If it is unknown within three months after the public notice men- tioned in Article 1053(1) has been given whether an inheritor exists, the administrator shall, without delay, give public notice to the gen- eral obligees in inheritance and testamentary donees, calling upon them to give him notice of their claims or testamentary gifts within a spec- ified period of not less than two months. (2)The provisions of Articles 88 (2) and (3), 89, and 1033 through 1039 shall apply mutatis mutandis to the cases mentioned in paragraph (1).

Article 1057 (Public Notice in Order to Search Inheritor)

If, after the expiration of the period mentioned in Article 1056 (1), it is still unknown whether an inheritor exists, the court shall, upon the application of the administrator, give public notice calling upon the inheritors, if any, to assert their rights within a specified period of not less than one year. <Amended by Act No. 7427, Mar. 31, 2005>

Article 1057-2 (Apportionment for Person having Special Connection)

(1)If no person asserts his right to inheritance within the period as prescribed in Article 1057, the Family Court may apportion all or part of the inherited property upon the request of those who have lived to- gether with the inheritee, have provided the inheritee with medical and nursing care, or have had a special relationship with him. <Amended by Act No. 7427, Mar. 31, 2005> (2)The request as referred to in paragraph (1) shall be made within two months after the period prescribed in Article 1057 expires. <Amended by Act No. 7427, Mar. 31, 2005> [This Article Newly Inserted by Act No. 4199, Jan. 13, 1990]

Article 1058 (Escheatment of Inherited Property)

(1)If there is any inherited property which is not apportioned pur- suant to Article 1057-2, the inherited property shall be escheated to the State. <Amended by Act No. 7427, Mar. 31, 2005> (2)The provisions of Article 1055 (2) shall apply mutatis mutandis to the cases of paragraph (1). <Amended by Act No. 7427, Mar. 31, 2005>

Article 1059 (Prohibition on Demanding Performance with respect to Property Escheated)

In the case mentioned in Article 1058 (1), even if there exist any obli- gees in inheritance or testamentary donees who have not received any performance out of the inherited property, no demand of such perfor- mance may be filed against the State. 제10편 민사법 민법CIVIL ACT (Supp. 29)(Supp. 29)

CHAPTERⅡWILLS SECTION1General Provisions Article 1060 (Formality of Wills) No will shall take effect unless he is in conformity with the formality stipulated by this Act. Article 1061 (Eligible Age to Make Will) Any person who has not attained full seventeen years of age may not make a will. Article 1062 (Persons without Legal Capacity and Wills) The provisions of Articles 5, 10 and 13 shall not apply to wills. Article 1063 (Incompetent’s Capacity to Make Will) (1) An incompetent may make a will only when he has sufficiently recovered to the point of understanding his intentions. (2) In case of paragraph (1), a medical practitioner shall add in writing the status of recovery of mental soundness on the testament, and shall affix his signature and seal thereto. Article 1064 (Will and Unborn Child and Ineligible Person for Succession) The provisions of Articles 1000 (3) and 1004 shall apply mutatis mutandis to a testamentary donee. <Amended by Act No. 4199, Jan. 13, 1990>

SECTION 2 Forms of Wills

Article 1065 (Ordinary Form of Wills) There shall be five forms of wills as follows: holograph document, sound recording, notarial and secret documents and instrument of dictation. Article 1066 (Will by Holograph Document) (1) In order to make a will by holograph document, the testator must write with his own handwriting the whole text, the date, the domicile and his full name, and must affix his seal thereto. (2) In order to make any insertion, deletion or other alteration of letters in a holograph mentioned in paragraph (1), such correction must be made in the testator’s own handwriting and affix his seal thereto. Article 1067 (Will by Sound Recording) In order to make a will by a sound recording, the testator must orally state the tenor of his will, his full name and the date, and the witness must orally state that the will made by the testator is due and correct and also state his full name. Article 1068 (Will by Notarial Document) In order to make a will by a notarial document, the testator must orally state the tenor of his will before a notary, in the presence of two witnesses and the notary must write down and read it, and then the testator and each of the witness must affix their signature or names, and seals to the writing after acknowledging it to be due and correct. Article 1069 (Will by Secret Document) (1) In order to make a will by a secret document, the testator must close up the document on which the writer’s full name was written and affix his seal thereto, and after the testator has produced the sealed document before at least two witnesses and declares that it is his testamentary document, the date of the production of the document must be written on the sealed cover, and then the testator and the witnesses must affix their signatures or names and seals thereto. (2) A closed document of a will prepared in compliance with the forms mentioned in paragraph (1) must be submitted to a notary or the court clerk within five days from the day on which the date of production of the document has been written down on the cover of the document, and the date of confirmation thereof must be affixed on the part sealed. Article 1070 (Will by Instrument of Dictation) (1) In order to make a will by an instrument of dictation in a case where a will is not able to be made in compliance with the forms mentioned in the preceding four Articles due to disease or any other cause imminent, the testator must orally declare the tenor of his will to one of the witnesses in the presence of at least two witnesses, and the person to whom the oral declaration is made must write it down and read it, and the testator and each witness, after their having acknowledged the writing to be due and correct, must affix their signature and seal thereto. (2) A will made in compliance with the form mentioned in paragraph (1) must be submitted to the court for its inspection and approval thereof by the witness or the persons interested within seven days from the day on which such imminent cause terminates. (3) The provisions of Article 1063 (2) shall not apply to a will to be made by an instrument of dictation. Article 1071 (Conversion of Will made by Secret Document) If a will which has been made by a secret document is defective as to formalities, he shall be deemed as a holograph will if he fulfills the formalities of a holograph document. Article 1072 (Ineligibility for Witness) (1) Any person falling under one of the following subparagraphs may not become a witness to the preparation of a will:

1.A minor;

(Supp. 3)(Supp. 3)

2.An incompetent and quasi-incompetent person; and
3.A person to be benefited by a will, his spouse, or lineal blood relatives.

(2) A person who is ineligible pursuant to the provisions of the Notary Public Act may not become a witness to the preparation of a notarial will.

SECTION 3 Effect of Wills

Article 1073 (Time for Effectiveness of Wills) (1) A will becomes effective upon the death of the testator. (2) Where a will is subject to a precedent condition, and the condition is fulfilled after the death of the testator, the will becomes effective upon the fulfillment of the condition. Article 1074 (Acceptance or Renunciation of Testamentary Gift) (1) A testamentary donee may effect an acceptance or a renunciation of the testamentary gift at any time subsequent to the death of the testator. (2) The acceptance or renunciation mentioned in paragraph (1) shall be effective retroactively from the time of the death of the testator. Article 1075 (Prohibition of Revocation of Acceptance or Renunciation of Testamentary Gift) (1) An acceptance or a renunciation of a testamentary gift cannot be revoked. (2) The provisions of Article 1024 (2) shall apply mutatis mutandis to the acceptance and renunciation of testamentary gifts. Article 1076 (Acceptance or Renunciation of Inheritor to Testamentary Donee) Where a testamentary donee dies without effecting either an acceptance or a renunciation of the testamentary gift, his inheritor can effect an acceptance or a renunciation within the limits of his share of the inheritance: Provided, That if the testator has declared a different intention in his will, such intention shall prevail. Article 1077 (Right to Give Peremptory Notice by Person Charged with Testamentary Gift) (1) A person charged with a testamentary gift or any interested person may, by fixing a reasonable period, give a peremptory notice to the testamentary donee or his inheritor to furnish within such period a definite answer as to whether he would effect an acceptance or a renunciation of the testamentary gift. (2) If the testamentary donee or his inheritor fails to furnish a definite answer to the person charged with the testamentary gift within the period mentioned in paragraph (1), he shall be deemed to have accepted the testamentary gift. Article 1078 (Rights and Duties of Testamentary Donee by Universal Title) A testamentary donee by a universal title has the same rights and duties as an inheritor. <Amended by Act No. 4199, Jan. 13, 1990> Article 1079 (Testamentary Donee’s Right to Acquire Fruits) A testamentary donee acquires the fruits bearing on the subject of the testamentary gift from the time when he can demand fulfillment of the testamentary gift: Provided, That if the testator has declared a different intention in his will, such intention shall prevail. Article 1080 (Right to Demand Reimbursement of Expenses Incurred for Purpose of Collecting Fruits) If the person charged with a testamentary gift defrays necessary expenses for the purpose of collecting the fruits of the subject of the testamentary gift after the death of the testator, he may make a demand upon the testamentary donee who has acquired the fruits for reimbursement thereof to the extent of the value of the fruits derived therefrom. Article 1081 (Right to Demand Reimbursement of Expenses by Person Charged with Testamentary Gift) If the person charged with a testamentary gift defrays any expenses with respect to the subject of the testamentary gift after the death of the testator, the provisions of Article 325 shall apply mutatis mutandis. Article 1082 (Liability for Warranty to be Assumed by Person Charged with Unspecified Testamentary Gift) (1) Where an unspecified item has become the subject of a testamentary gift, the person charged with the testamentary gift shall assume the same liability with respect to the warranty as that of a seller. (2) In the case mentioned in paragraph (1), if any defect exists in the object, the person charged with the testamentary gift shall substitute an item free from any defect for the object. Article 1083 (Subrogation for Testamentary Gift) Where a testator has a right to demand compensation from a third person by reason of the loss, or damage of the subject of a testamentary gift or infringement upon the possession thereof, such right shall be deemed to have become the subject of the testamentary gift. Article 1084 (Subrogation for Testamentary Gift of which Subject is Claim) (1) Where a claim has become the subject of a testamentary gift, and the things which the testator has received by obtaining performance still remain among the inherited property, such things shall be deemed to have become the subject of the testamentary gift. (2) As to a claim mentioned in paragraph (1) for which money is the subject, the amount of such money shall be deemed to have become the subject of the testamentary gift even though there is no sum of money corresponding to the amount of the claim included in the inherited property. Article 1085 (Item or Right Which Constitutes Subject of Testamentary Gift) If the item or right which constitutes the subject of a testamentary gift at the time of the death of the testator is the subject of a right belonging to a third person, the testamentary donee may not demand from the person charged with the testamentary gift that such right be extinguished. Article 1086 (Cases in which Testator has Declared Different Intention in His Will) In the cases mentioned in Articles 1083 through 1085, if the testator has declared a different intention in his will, such intention shall prevail. Article 1087 (Testamentary Gift of Right Which does not Comprise Inherited Property) (1) A will shall not take effect if the right which forms the subject thereof does not comprise the inherited property at the time of the death of the testator: Provided, That if the testator had intended that his will should take effect even if the subject of his will does not comprise the inherited property at the time of his death, the person charged with the testamentary gift is under a duty to acquire that right and transfer it to the testamentary donee. (2) In the case of the proviso of paragraph (1), if the person cannot acquire the right or if excessive expense would be required in order to acquire it, he may pay over the value thereof. Article 1088 (Testamentary Gift subject to Charge and Responsibility of Testamentary Donee) (1) A person who has received a testamentary gift subject to a charge is bound to perform the duty which he has assumed only to the extent of the value of the testamentary gift. (2) Where the value of a testamentary gift is reduced by reason of a qualified acceptance of the inheritance or a separation of property, the testamentary donee shall, in proportion to such reduction, be relieved of the duty which he has assumed. Article 1089 (Death of Testamentary Donee before Effectiveness of Testamentary Gift) (1) A testamentary gift shall not be effective if the testamentary donee dies before the death of the testator. (2) A testamentary gift subject to a precedent condition shall not take effect if the testamentary donee dies before the fulfillment of the condition. Article 1090 (Null and Void Testamentary Gift and Reversion of Property subject to Testamentary Gift) Where a testamentary gift does not take effect, or a testamentary donee renounces a testamentary gift, the property of a testamentary gift reverts to the inheritor: Provided, That if the testator has declared a different intention in his will, such intention shall prevail.

SECTION 4 Execution of Wills Article 1091 (Probate of Testamentary Document or Sound Recording) (1) The custodian of a testamentary document or a sound recording, or the person who discovered these, shall after the death of the testator, present them to the court and apply for probate thereof without delay. (2) The provisions of paragraph (1) shall not apply to a will in the form of a notarial document or an instrument of dictation. Article 1092 (Opening of Testamentary Document) Where the court is to open a testamentary document closed with a seal, the inheritors or representatives of the testator or any other interested persons must be present at the opening of such document. Article 1093 (Designation of Executor) A testator may designate an executor by will or commission a third person to designate an executor. Article 1094 (Designation of Executor by Commission) (1) A third person who has accepted the commission mentioned in Article 1093, must designate an executor without delay after he has knowledge of the commission, and he must give notice thereof to the inheritors. If he desires to decline such commission, he must give notice of such declination to the inheritors. (2) An inheritor and any other interested person may, by fixing a reasonable period, give a peremptory notice to the person who has been commissioned to designate an executor within such period. If no notice of the designation by the person commissioned has been given within such period, he shall be deemed to have declined such commission to designate an executor. Article 1095 (Cases in which No Designated Executor Exists) If there exists no designated executor pursuant to the provisions of Articles 1093 and 1094, an inheritor becomes an executor. Article 1096 (Appointment of Executor by Court) (1) If there exists no executor, or if no executor remains due to death, ineligibility, or any other cause, the court shall appoint an executor upon the application of an interested person. (2) If the court appoints an executor, the court may order said executor to effect the necessary dispositions with respect to his performance. Article 1097 (Acceptance or Renunciation by Executor) (1) An executor by designation must notify the inheritor whether he will accept or decline the designation of executor without delay after the death of the testator. (2) An executor by appointment must, upon receiving the notice of appointment, notify the court without delay whether he will accept or decline the appointment. (3) The inheritor or any other interested person may, by fixing a reasonable period, give peremptory notice to the executor by designation or appointment to give a definite answer within such period as to whether he will accept or decline becoming an executor. If no definite answer to the peremptory notice has been received within such period, it shall be deemed that the executor has accepted designation or appointment as executor. Article 1098 (Ineligibility for Executor) An incompetent person or a bankrupt person may not become an executor. Article 1099 (Executor’s Undertaking of Duties) If an executor accepts his office, he must perform his duties without delay. Article 1100 (Preparation of Inventory of Property) (1) If a will has been made about property, the executor by designation or appointment must, without delay, prepare an inventory of the inherited property and hand it over to the inheritors. (2) If an application is made by the inheritors, an executor must allow the inheritors to participate in the making of the inventory of property mentioned in paragraph (1). Article 1101 (Rights and Duties of Executor) An executor has the right and duty to manage the property which is the subject of a testamentary gift, and to perform acts necessary for carrying out the will. Article 1102 (Joint Execution) Where there exist two or more executors, the conduct of their duties shall be decided by the majority: Provided, That each executor is entitled to effect acts of preservation. Article 1103 (Status of Executor) (1) An executor by designation or appointment shall be deemed to be a representative of the inheritor. (2) The provisions of Articles 681 through 685, 687, 691 and 692 shall be applied mutatis mutandis to executors. Article 1104 (Remuneration for Executor) (1) When a testator has not provided remuneration for an executor in his will, the court may determine remuneration for the executor who assumed office by designation or appointment by taking into consideration the status of the inherited property, or any other circumstances. (2)Where the executor receives remuneration for his service, the provisions of Article 686 (2) and (3) shall apply mutatis mutandis. Article 1105 (Resignation of Executor) Any executor who assumed office by designation or appointment may, if there exists any justifiable reason, resign his office with the permission of the court. Article 1106 (Removal of Executor from Office) If an executor who assumed office by designation or appointment neglects his duties, or if there exists any unfavorable reason, the court may, upon the application filed by the inheritor or any other interested persons, remove the executor from his office. Article 1107 (Expenses relating to Execution of Wills) Expenses relating to carrying out a will shall be defrayed from the inherited property.

SECTION 5 Withdrawal of Wills Article 1108 (Withdrawal of Wills) (1) A testator may at any time withdraw the whole or part of his will by creating another will or by an act inter vivos. (2) A testator may not waive the right to withdraw his will. Article 1109 (Conflict of Wills) If a prior will is inconsistent with a subsequent will or if an act inter vivos, after a will has been made, is inconsistent with such will, the prior will shall be deemed to have been withdrawn with respect to the parts in which they are inconsistent. Article 1110 (Withdrawal of Will in case Testamentary Document, etc. is Destroyed) If a testator intentionally destroys the testamentary document or the subject of a testamentary gift, he shall be deemed to have withdrawn the will with respect to such parts as have been destroyed. Article 1111 (Revocation of Will subject to Charge) If a person who has received a testamentary gift subject to a charge does not perform the duty which he has assumed, the inheritors or executors may fix a reasonable period and give peremptory notice demanding his performance, and if no performance is effected within such period, they may apply to the court for the revocation of the will : Provided, That such action shall not prejudice the interests of third persons.

CHAPTERⅢLEGALRESERVEOF INHERITANCE Article 1112 (Persons with Right to Legal Reserve of Inheritance and Legal Reserve of Inheritance) Legal reserve of inheritance for an inheritor shall be calculated according to the following subparagraphs:

1.For lineal descendants of an inheritee, one half of the inheritance stipulated by law;
2.For the spouse of an inheritee, one half of the inheritance stipulated by law;
3.For lineal ascendants of an inheritee, one third of the inheritance stipulated by law; and
4.For brothers and sisters of an inheritee, one third of the inheritance stipulated by law.

[This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1113 (Calculation of Legal Reserve of Inheritance) (1) A legal reserve of inheritance shall be calculated as the sum of the values of the inherited properties and the given properties at the commencement of inheritance minus the total amount of debts of the inheritee. (2) The value of a conditional right or of an uncertain right in validity of duration time shall be determined by the assessment of an appraiser appointed by the Family Court. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1114 (Gifts to be Added to) Gifts that have been given only within the period of one year preceeding the commencement date of the inheritance shall be included for the assessment pursuant to the provisions of Article 1113. Exception applies to the property given before the period of the one year preceeding, if the both parties concerned recognize that the act would cause loss to a person with the right of legal reserve of inheritance. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1115 (Recovery of Legal Reserve of Inheritance) (1) When there are shortages in the legal reserve of inheritance due to gifts or testamentary gifts made by the inheritee pursuant to the provisions of Article 1114, persons with the right to legal reserve of inheritance may recover the shortage. (2) With respect to paragraph (1), when two or more persons receive the gifts or testamentary gifts, they shall return the same proportions as their shares of the testamentary gifts. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1116 (Sequence of Return) Gifts cannot be demanded to be returned until testamentary gifts have been returned. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1117 (Extinctive Prescription) The right to demand the return in this Chapter shall be extinguished by prescription, if it is not exercised within one year from the time when the person entitled to a legal reserve of inheritance becomes aware of the fact that the inheritance has commenced and that gifts or testamentary gifts, which are to be returned, were made. The above right shall also be extinguished by prescription if ten years have elapsed from the time of the commencement of the inheritance. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977] Article 1118 (Provisions to be Applied Mutatis Mutandis) The provisions of Articles 1001, 1008, and 1010 shall apply mutatis mutandis to legal reserve of inheritance. [This Article Newly Inserted by Act No. 3051, Dec. 31, 1977]

ADDENDA Article 1 (Definition of Previous Act) The term “previous Act” mentioned in the Addenda shall refer to Acts and subordinate statutes or provisions in Acts and subordinate statutes to be replaced by this Act. Article 2 (Retroactive Effect of This Act) Unless otherwise Provided, this Act shall also apply to matters before the date of enforcement of this Act: Provided, That no effect taken already under the previous Act shall be affected by this Act. Article 3 (Authentic Documents and Preparation thereof) (1) Private documents which contain fixed date stamps by notaries public or clerks of the court shall have authentic power concerning the date of preparation thereof. (2) A notary public or clerk of the court who has received a request to fix a date shall make an entry of the requester’s domicile, name and title of the document in the book for fixed date, and shall put a serial number and date stamp on the document, and shall seal over the joint of the book and the document. (3) Persons applying for fixation of dates to a notary public and those doing the same to clerks shall pay fees pursuant to the Ordinance of the Ministry of Justice or of the Supreme Court Regulations, as the case may be.<Amended by Act No. 2200, Jun. 18, 1970> (4) Dates recorded in notarial documents or dates recorded in government offices after certifying certain matters in private documents shall be the fixed dates. Article 4 (Limited Incompetent by Old Act) (1) Those persons adjudged as quasi-incompetents since they are feeble- minded or spend-thrift in accordance with the previous Act shall be regarded as quasi-incompetents under the provisions of this Act on the date of enforcement of this Act. (2) Those persons who have been declared incapacitated because they have been adjudged as limited-incompetents in accordance with the previous Act since they are deaf, dumb or blind persons, shall have their capacity restored on the date of enforcement of this Act. Article 5 (Transitional Provisions on Husband’s Right to Avoid) Even if a wife performed some acts which require her husband’s permission in accordance with the previous Act, the acts shall not be voided after the date of enforcement of this Act even in the absence of the permission. Article 6 (Period for Registration of Juristic Persons) With regard to registration period on registration matters for juristic persons, the provisions of this Act shall apply to even those matters which occurred before the date of enforcement of this Act. Article 7 (Non-retroactivity on Penal Provisions) (1) Those persons who committed acts subject to minor fine in accordance with the previous Act, and have not been tried at the time of enforcement of this Act, shall be tried only in a case where they are to be subject to a fine for negligence in accordance with this Act. (2) The fine for negligence under paragraph (1) shall not exceed the amount of minor fine under the previous Act. Article 8 (Transitional Provisions on Prescription) (1) Those rights whose prescription period under the previous Act has lapsed at the time of enforcement of this Act shall be regarded to have been acquired or lapsed by this Act. (2) Provisions on prescription of this Act shall apply to those rights whose extinctive prescription period under the previous Act has not lapsed at the time of enforcement of this Act. (3) Provisions on acquisition of ownership under this Act shall apply to those rights whose acquisitive prescription period under the previous Act has not lapsed at the time of enforcement of this Act. (4) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to legal periods other than the prescription period. Article 9 (Real Rights Which are to Lose Effects) Those real rights provided in the previous Act shall lose their effect on the date of enforcement of this Act if they are not provided in this Act, unless otherwise provided in this Act or other Acts. Article 10 (Transitional Provisions on Transfer of Ownership) (1) The acquisition or loss of or any alteration in a property right over a real property through juristic acts before the date of enforcement of this Act shall lose his effect if he is not registered within 6 years after the date of enforcement of this Act. (Amended by Act No. 1668, Dec. 31, 1964) (2) The assignment of a property right over movables before the date of enforcement of this Act shall lose his effect if his delivery is not made within one year after the date of enforcement of this Act. (3) The provisions of paragraph (1) shall apply to cases where a property right has been acquired through completion of prescription before the date of enforcement of this Act. Article 11 (Registration of Lease on Deposit Basis Acquired by Custom in Old Act) A lease on a deposit basis acquired by custom before the date of enforcement of this Act shall have his effect as a property right if he is registered within one year after the date of enforcement of this Act. Article 12 (Transfer of Ownership by Court Judgment) In a case where registration or delivery under Article 10 of the Addenda is requested by means of a lawsuit, if the registration is not made within 6 months after the date of the final court judgment thereof, or the delivery is not received within 3 months after the date, or the procedures for compulsory execution are not taken, the effect of transfer of the real rights shall be lost. Article 13 (Transitional Provision for Duration of Superficies) If the duration of a superficies provided by the act of creation of the superficies before the date of enforcement of this Act does not expire at the time of enforcement of this Act, the provisions of this Act shall apply to the duration. The same shall apply in a case where the duration of the superficies is not provided by the act of creation of the superficies. Article 14 (Real Rights) With regard to a right of permanent farming or pledge of real property created before the date of enforcement of this Act, the provisions of the previous Act shall apply: Provided, That it shall not be renewed after the date of enforcement of this Act. Article 15 (Transitional Provision for Period of Lease) In a case where a period is provided in a lease before the date of enforcement of this Act, if the period does not expire at the time of enforcement of this Act, the provisions of this Act shall apply to the duration of the period provided for in the lease. Article 16 (Invalidation of Preferential Rights) Preferential rights acquired before the date of enforcement of this Act in accordance with the previous Act shall lose their effect from the date of enforcement of this Act. Article 17 (Husband’s Right over His Wife’s Property) Even if a husband administers, uses or takes the profit of his wife’s property through marriage before the date of enforcement of this Act, the husband shall lose the right from the date of enforcement of this Act. Article 18 (Transitional Provisions on Nullity and Annulment of Marriage and Adoption) (1) If there is any cause of nullity or annulment under this Act in marriage or adoption made before the date of enforcement of this Act, it may be nullified or annulled in accordance with the provisions of this Act. In the above case, if there is a period for annulment, the period shall be calculated on the date of enforcement of this Act. (2) Even if there is any cause of annulment under the previous Act in the marriage or adoption made before the date of enforcement of this Act, but if such is not a cause of annulment in accordance with provisions of this Act, he shall not be annulled after the date of enforcement of this Act. Article 19 (Transitional Provisions on Divorce and Dissolution of Adoption) (1) If there is any cause for divorce or dissolution of adoption under this Act in marriage or adoption made before the date of enforcement of this Act, judicial divorce or dissolution of adoption may be requested in accordance with provisions of this Act. In the above case, if there is a period for the request, the period shall be calculated on the date of enforcement of this Act. (Supp. 3)(Supp. 3)

(2) Even if there is any cause of divorce or dissolution of adoption under the previous Act in marriage or adoption made before the date of enforcement of this Act, and if it is not a cause for divorce or dissolution of adoption under this Act, judicial divorce or dissolution of adoption shall not be requested after the date of enforcement of this Act. Article 20 (Parental Authority) Persons who reach majority, shall not submit to parental authority on the date of enforcement of this Act. Article 21 (Abolition of Limits on Exercise by Mother of Parental Authority) Even if a mother of parental authority represented a minor or approved a minor’s act, without the consent of a family council, which would be required under the previous Act, the act performed by the mother shall not be voided after the date of enforcement of this Act. Article 22 (Transitional Provisions on Guardians) (1) Even if guardianship over a minor or an incompetent is commenced in accordance with the previous Act, the provisions of this Act shall apply with regard to matters on order, appointment, duties and disqualification of guardians after the date of enforcement of this Act. (2) The same shall apply to matters on guardianship over the persons adjudged limited-incompetents in accordance with the previous Act. Article 23 (Transitional Provisions on Assistants, etc.) Assistants, supervisors over guardians and members of family councils under the previous Act shall lose their positions on the date of enforcement of this Act: Provided, That the consent made by assistants, supervisors over guardians and family councils in accordance with provisions of the previous Act before the date of enforcement of this Act shall not lose their effect. Article 24 (Application of this Act on Duty of Support) If duty of support is commenced in accordance with the previous Act,the provisions of this Act, with regard to the order, appointment and methods, shall apply on the date of enforcement of this Act. Article 25 (Transitional Provisions on Inheritance) (1) With regard to inheritance commenced before the date of enforcement of this Act, the provisions of the previous Act shall apply even after the date of enforcement of this Act. (2) Where inheritance of a head of family or of property is commenced because of judicial declaration of disappearance, if the period of disappearance expires during the enforcement of the previous Act, and the declaration is made after the date of enforcement of this Act, the provisions of this Act shall apply with regard to order of inheritance, share of inheritance, and other matters. Article 26 (Transitional Provisions on Will) Even where a will by custom made before the date of enforcement of this Act does not comply with the methods provided in this Act, if the testator cannot express his intention from the date of enforcement of this Act to the effectuation date of the will, the will shall not lose its effect. Article 27 (Acts and Subordinate Statutes Repealed) The following Acts and subordinate statutes shall be repealed:

1.The Civil Act, Act for Enforcement of the Civil Act, and Act on Computation of Age applied in accordance with Article 1 of the Chosun Civil Ordinance;
2.Provisions of Acts and subordinate statutes applied in accordance with the Chosun Civil Ordinance and Article 1 of the Ordinance which conflict with the provisions of this Act; and 
3.Provisions of Military Government Acts and subordinate statutes which conflict with the provisions of this Act.

Article 28 (Enforcement Date) This Act shall enter into force on January 1, 1960.

ADDENDUM<Act No. 1237, Dec. 29, 1962> This Act shall enter into force on January 1, 1963.

ADDENDUM<Act No. 1250, Dec. 31, 1962> This Act shall enter into force on January 1, 1963. ADDENDUM<Act No. 1668, Dec. 31, 1964> This Act shall enter into force on January 1, 1965.

ADDENDUM<Act No. 2200, Jun. 18, 1970> This Act shall enter into force on the date of its promulgation.

ADDENDA<Act No. 3051, Dec. 31, 1977> (1)This Act shall enter into force one year following the date of its promulgation. (2)Nothing in this Act shall prejudice any of the effects which have been effected under the previous Act. (3)Even if a person who was married before the enforcement of this Act has attained the age of 20, and the marriage was in violation of Article 808 (1)of the previous Act, the marriage cannot be requested to be annulled. (4)A minor who was married before the enforcement date of this Act shall be deemed to have attained majority from the effective date of this Act. (5)With regard to the commencement of inheritance before the date of enforcement of this Act, the provisions of the previous Act shall apply even after the date of enforcement of this Act. (6)When inheritance of property is commenced because of judicial declaration of disappearance, and the period of disappearance expires after the enforcement of this Act, the provisions of this Act shall apply with regard to the inheritance.

ADDENDA<Act No. 3723, Apr. 10, 1984) (1)(Enforcement Date)This Act shall enter into force on September 1, 1984. (2)(Rules of Transitional Measures) Except as provided otherwise in the text, this Act shall apply to the matters which have taken place before the enforcement of this Act, without prejudice of any effect under the previous provisions. (3) (Transitional Measures as to Judicial Declaration of Disappearance) The amended provisions of Article 27 (2) shall apply to a case where a peril that may be a cause of death has occurred before this Act becomes effective. (4) (Transitional Measures as to Lease on a Deposit Basis) The amended provisions of Articles 303 (1), 312 (2) and (4), and 312-2 shall apply not only to a lease on deposit basis which has been effected before the enforcement of this Act, and the duration of which remains for not less than three months, but also to that of an unfixed duration: Provided that, if a request for increase in amount of the deposit money before the enforcement of this Act has been made, the amendment provisions of the proviso of Article 312-2 shall not be applicable.