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(영문) 인천지방법원부천지원 2019.10.17 2019가단76

사취금

Text

1. The Defendants are limited to KRW 24.5 million, respectively, to the Plaintiff within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. On December 16, 2009, the Plaintiff filed a lawsuit against D seeking payment of the money obtained through deception, etc., and the court rendered a judgment with D on August 7, 2006 to December 12, 2009, ordering D to pay to the Plaintiff 5% per annum from August 7, 2006 to December 12, 2009, and 20% per annum from the next day to the day of complete payment (Dacheon District Court Branch Branch Decision 2009Ga30917) to pay to the Plaintiff at each rate of 20% per annum from the next day to the day of full payment. The above judgment became final and conclusive as of January 20, 2010.

B. On May 19, 2018, D died with only the Defendants, a child, as the inheritor.

(hereinafter referred to as “D”). (c)

On May 1, 2019, the Defendants filed a qualified acceptance report with the list of inherited property, along with the list of inherited property. On August 5, 2019, the court accepted the Defendants’ qualified acceptance report.

Seoul Family Court (Seoul Family Court Decision 2019Hu3305). 【Ground for Recognition】 The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 and No. 2, and the purport of the whole pleadings.

2. According to the allegations and the above facts of recognition, the Defendants, as the inheritors of the deceased, have the obligation to pay to the Plaintiff the obligations according to the above final judgment within the scope of each inherited property.

Therefore, the Defendants are obligated to pay 24.5 million won (per 49 million won x 1/2 of the inheritance) and 5% per annum from August 7, 2006 to December 12, 2009, and 20% per annum from the next day to the day of full payment.

Furthermore, the Plaintiff asserts that the Defendants did not know the Plaintiff’s obligation because they did not live together with the Deceased is false, and the qualified acceptance is null and void in order to avoid the Plaintiff’s performance of obligation.

However, the qualified acceptance of inheritance is a declaration of intention that approves inheritance on the condition that the inheritee's obligation and testamentary gift will be repaid within the limit of the property to be acquired by inheritance (Article 1028, Article 1029 of the Civil Code), and the inheritor.