A. The plaintiff filed a lawsuit against C for the payment of the purchase price, and C, from March 25, 1998 to June 22, 2007, ordered the plaintiff to pay 5% per annum and 20% per annum from the next day to the day of full payment (Seoul Western District Court Decision 2006Ga70205 delivered on June 22, 2007). Accordingly, C appealed appealed and appealed, but all of the appeals were dismissed and finalized on April 28, 2009.

(hereinafter referred to as “pre-trial judgment”). (b)

C was killed on November 21, 2017, and the Defendant, E, F, G, and H, who are the inheritor’s spouse D and children, reported to the Seoul Family Court an inheritance-limited approval and was accepted on October 25, 2019.

Seoul Family Court (Seoul Family Court Decision 2019Ra4745) / [Grounds for recognition] Gap 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

According to the above facts of recognition, as long as C died of a debtor, and his inheritor's report of limited acceptance of inheritance is accepted, the defendant is obligated to pay to the plaintiff the amount equivalent to the inherited shares within the scope of inherited property.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,275,020, an amount equivalent to the inheritance shares, calculated by 5% per annum from March 25, 1998 to June 22, 2007, 20% per annum from the next day to September 30, 2015, and 15% per annum as the Plaintiff seeks from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified within the above scope of recognition, and it is accepted, and the remaining claims are dismissed. It is so decided as per Disposition.