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(영문) 의정부지방법원 2016.07.21 2015가단12710

대여금

Text

1. Defendant C’s KRW 27,00,000 as well as 5% per annum from December 11, 2010 to January 12, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 2010, the Plaintiff loaned KRW 27,000,00 to D as of December 10, 2010.

B. D died on May 9, 201, and Defendant C and E are the deceased’s children, Defendant B is the deceased’s mother, and no spouse is the deceased’s spouse.

C. On May 17, 201, the deceased D’s death, Defendant C transferred the name of the instant vehicle to a third party on May 19, 201, on the ground of inheritance, FPoter II (hereinafter “instant vehicle”). On May 19, 201, Defendant C transferred the name of the instant vehicle to a third party on the ground of transaction with a third party.

On the other hand, Defendant C and E reported the renunciation of inheritance to this court on May 17, 201, and received the adjudication on the renunciation of inheritance on August 16, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Article 1026 of the Civil Code provides that "if any of the following causes exists, an inheritor shall be deemed to have made a simple approval." Article 1026 of the Civil Code provides that "if an inheritor under subparagraph 1 conducts a disposal act in respect of inherited property, the inheritor shall be deemed to have made a simple approval." Article 3 provides that "if an inheritor conceals, consumes, or intentionally fails to enter in the inventory after having made a qualified acceptance or a renunciation, it applies only to the case where an inheritor disposes of inherited property before a qualified acceptance or a renunciation is made." Article 1026 subparagraph 1 of the Civil Code provides that where an inheritor disposes of inherited property after having made a qualified acceptance or a renunciation, it shall apply only to the case where an inheritor disposes of inherited property after having made a qualified acceptance or a renunciation, the inheritor shall be deemed to have made a simple approval only when it falls under the illegal consumption of inherited property as provided in subparagraph 3 above, and further, "non-consumption consumption in respect of inherited property" as provided in subparagraph 3 does not lose the value