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(영문) 서울중앙지방법원 2016.12.20 2016가단5151257

양수금

Text

1. The Defendants fall within the scope of the property inherited from each network G, and fall within each category of the attached list to the Plaintiff.

Reasons

Attached Form

There is no dispute between the Plaintiff and the Defendants as to each of the facts stated in “the cause of the claim” and “the cause of the claim after alteration,” and the Defendants are obligated to pay the Plaintiff the corresponding amount within the scope of the property inherited from each network G.

As long as Defendant E has limited the inheritance from the deceased G as seen above, he is dissatisfied with the purport that he does not assume the obligation to repay the above inheritance debts. However, the inheritor who has limited approval succeeds to the entire inheritance debts (the existence of the obligation), but the inheritor is responsible for the repayment of the inheritance debts only within the scope of the inherited property (the limitation of liability). As such, Defendant E limited the inheritance from the deceased G.

Even if Defendant E, as a successor to the inherited obligation, is liable to perform the inherited obligation to the Plaintiff within the scope of the inherited property from the deceased G, it is limited to the case where there is no inherited property or the execution of its own property beyond the scope of inherited property is carried out, and thus, Defendant E’s above assertion is not acceptable.

Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.