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(영문) 서울중앙지방법원 2014.11.11 2014나8560

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ inheritance process (1) are F grandchildren, who were the owners of HJ No. 2, 103, Dong 2, Dong 103 (hereinafter “instant housing”).

(2) On February 24, 2007, F was killed, and the wife and children of F, the senior inheritor, were subject to the judgment on acceptance of the declaration of renunciation of inheritance on August 2, 2007, the Chuncheon District Court 2007 Madan117, and the Plaintiffs became the deceased F co-inheritors, and succeeded to each of the 1/5 shares of the instant housing.

(3) On March 7, 2012, the Plaintiffs filed a petition for adjudication on the acceptance of a report on recognition of succession with the Chuncheon District Court 2012Ra101 on March 7, 2012, and the Plaintiffs seem to have asserted that the period of deliberation (Article 1019(1) of the Civil Act) was not too excessive at the time of the said declaration, since the senior inheritor was unaware of his/her status despite having renounced his/her inheritance.

For the same year

30. It was tried to accept the report;

Although L is included in the petitioner in the inquiry, he is born after the death of F and the renunciation of succession by senior inheritors, and is not an heir, and thus, he cannot report the inheritance-limited approval.

(4) The Plaintiffs filed an application for the appointment of an administrator of inherited property with the Chuncheon District Court 2012 Y237, and on June 8, 2012, Plaintiff D’s father G was appointed as an administrator of jointly inherited property.

B. (1) Under the Safety Control and Business of Liquefied Petroleum Gas Act, the Defendant entered into a collective supply management contract for H-house 296 households (hereinafter “instant supply contract”) and supplied urban gas for heating and eating use to each household.

(2) Of the instant supply contract, the Defendant’s obligation to consent to urban gas supply applications is stipulated as follows.

Article 16 (Obligation of Consent)

1. our country shall, upon application under Article 6, except as provided in paragraph 2 below: