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(영문) 서울중앙지방법원 2020.12.08 2020가단15728

청구이의의 소

Text

Enforcement based on the Seoul Central District Court Decision 2017Gaso5671806 Decided February 2, 2018 against the plaintiff is enforced against the defendant.

Reasons

1. Basic facts

A. On March 27, 2017, the Defendant filed a lawsuit for the claim for the amount of money taken over against Nonparty G (hereinafter “the deceased”) with the Seoul Central District Court Decision 2017Gaso5671806, and during the litigation, the Defendant was corrected to the Plaintiff, who is a child, on the ground that the deceased died on April 4, 2012.

B. On February 2, 2018, the above court rendered a ruling that “the Defendant (i.e., the Plaintiff) shall pay to the Plaintiff 11,916,677 won and 1,443,934 won with interest of 54.75% per annum from February 1, 2017 to the date of full payment,” and the above ruling became final and conclusive around that time.

C. Meanwhile, all documents related to litigation, including a duplicate of the complaint of the above case, a notice of the date of pleading, and an authentic copy of the judgment, etc., were received by Nonparty E (the Plaintiff’s mother) residing in Busan-gu, where the Plaintiff’s domicile was the Plaintiff’s domicile. The Plaintiff

(B) Before the party’s correction, a certified copy of the decision on performance recommendation was served in Incheon Gyeyang-gu, the deceased’s domicile, but it was impossible to serve as a closed material.

After that, on September 15, 2018, the Plaintiff became aware of the fact that the said lawsuit was filed after receiving the documents related to the said lawsuit from E, and on September 21, 2018, the Plaintiff filed a petition for adjudication on the limited acceptance of inheritance with the Incheon Family Court 2018-Ma2631 (a list of inherited property attached, stating that the list of inherited property is active property, and that the list of inherited property is negative property, Seoul Central District Court 2017Da5671806). On November 7, 2018, the said court rendered a judgment on the acceptance of the said report on the qualified acceptance of the said report.

[Grounds for Recognition: The descriptions of Evidence Nos. 1, 2, and 4 and the purport of the whole pleadings]

2. Article 1019(1) of the Civil Act provides that “A successor may grant a qualified acceptance within three months from the date on which he/she becomes aware of the commencement of the inheritance,” and Article 1019(3) of the Civil Act provides that “A successor, notwithstanding the provisions of paragraph (1), may grant a qualified acceptance within the period prescribed in paragraph (1) without