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(영문) 서울중앙지방법원 2016.11.10 2016가단41454

상속채무금

Text

1. Defendant B and C shall within the scope of the property inherited from the network D, each of the KRW 16,097,673 to the Plaintiff and 10.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence 1 to 5, 7, Eul evidence 1, and Eul evidence 1.

Attached Form

Each fact described in paragraphs 1, 2, and 3 as the cause of the claim

B. Nonparty D (hereinafter “the deceased”) died on May 16, 2014, and Defendant A is the deceased’s spouse, Defendant B, and C’s children, and the deceased’s other children.

C. With respect to the deceased’s inheritance of his/her property, the Defendant A filed a waiver of inheritance with the Incheon District Court 2014-Ma2147 on July 22, 2014 and received the said report on August 19, 2014. Defendant B and C filed a qualified acceptance report on February 25, 2015 with the Incheon District Court 2015-Ma599 on March 19, 2015.

On November 5, 2015, with respect to vehicles (registration number E truck, hereinafter “instant vehicle”) registered in the name of the deceased, the transfer of ownership was registered in Defendant A’s name, and the transfer of ownership was registered in the name of Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) on the same day.

2. Determination as to the claim against Defendant A

A. The facts stated in paragraph (d) above 1) of the plaintiff 1-D constitute a legal simple approval under Article 1026 of the Civil Act, and thus, the defendant A still is the heir of the deceased, and therefore the defendant A is liable to perform the obligations of the deceased corresponding to his share of inheritance. 2) The defendant A purchased the instant vehicle before the deceased's death, and transferred the instant vehicle to the name after the deceased's death, and only the name of the defendant A was used in the process.

This does not constitute an illegal consumption of inherited property, which is a ground for simple approval as stipulated in Article 1026 of the Civil Code, and the waiver of inheritance by the above defendant is valid. The above defendant did not inherit the deceased's obligation.

(b) Article 1026 of the Civil Code provides that "A heir shall be entitled to any of the following cases: