한정승인과 담보권 ― 대법원 2010.3.18. 선고 2007다77781 전원합의체 판결을 계기로 ―

This study focuses on the harmonization between limited acceptance of inheritage and creditor in field of Korean Succession law. Under the article 1019 paragraph 1 of Korean succession law that successors could considerate within 3 months after the decedent's death, whether he will renunciate or accept the limited succession. The law is favorable for the creditor than the successors. In 2010 Korean Supreme Court hold that Creditor of the decedent could not claim the more preferred status than Creditor with Secured Right to successor. Even though dissenting opinion hold that creditor of the decedent could have the preferred right with a view to Equity. Concurring opinion to majority opinion has the balanced viewpoints interpretative and legislative methods. In conclusion, the majority opinion makes sense in that it could play a rule of developing the case law with respect to the existing clauses of civil law . And it has a resonable solution to the gap-filling of registering principles by the efficient function of limited acceptance of Inheritage and creditors. I suggest that public notice of limited acceptance, and protection of creditor of the decedent invoking the French reformed succession law 2006 will be alternative solution.