양수금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance is that of the evidence additionally submitted by this court, which is insufficient to recognize the defendants' assertion, and that of Eul evidence Nos. 1 and 6, which is insufficient to recognize the defendants' assertion, the court of first instance, except for adding "2. additional determination" to the defendants' assertion added by this court, and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance
2. On May 15, 2003, the Defendants, prior to the filing of the preceding lawsuit, renounced the inheritance of the network G by obtaining the adjudication (Evidence No. 3). The Defendants asserted that the Plaintiff’s claim against the Defendants should be dismissed in entirety.
Even if an obligor had already renounced his/her inheritance before the closure of pleadings in the previous suit brought by the obligee, where the obligor did not assert it until the closure of the fact-finding proceedings in the previous suit, and thus the judgment citing the obligee’s claim became final and conclusive, in the new suit brought by the obligee for an extension of the statute of limitations in the previous suit by the obligee, the Defendant’s assertion of the obligee’s claim based on the waiver of inheritance does not constitute a case where the obligor has extinguished res judicata by filing a lawful appeal or retrial against the final and conclusive judgment for the claimant in the previous suit, unless the obligor has extinguished the res judicata effect (see, e.g., Supreme Court Decisions 2008Da79876, May 28, 2009; 2012Da11340, Apr. 11, 2013). The Defendants were judged to waive inheritance before the previous lawsuit was brought, but the FF Fund did not claim the Defendants against the waiver of inheritance claim by the date of closing argument.