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(영문) 의정부지방법원 고양지원 2017.01.25 2016가단15993

상속한정승인무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The decision to recommend settlement that the Plaintiff pay five million won and 20% interest per annum from September 1, 2012 to the date of full payment (this Court 201Ga12200) to the Plaintiff was finalized on February 2012.

The Defendants filed an application for the limited acceptance of inheritance (hereinafter “instant qualified acceptance”) with this Court 201 201-Ma1399 (hereinafter “instant qualified acceptance”). On February 9, 2012, the Defendants decided to accept the report of the qualified acceptance on December 8, 201, accompanied by the list of inherited property, in the inheritance of the net F’s property.

The Plaintiff filed a lawsuit for return of unjust enrichment against the Defendants, the heir of the networkF (this Court Decision 2012Da23127, hereinafter “relevant unjust enrichment judgment”), and the following judgment was rendered on October 17, 2012, and became final and conclusive around that time.

1. Within the scope of the property inherited from the net F, to the Plaintiff:

(a) Defendant B: 16,66,666 won;

B. Defendant (Appointed Party) C, Defendant Appointers D, and E shall pay 11,11,111 won each of the above amounts, and 20% interest per annum from July 21, 2012 to the date of full payment.

【Ground for Recognition: Each entry of Evidence A 1 to 4】

2. The Plaintiff’s assertion was a monetary claim of KRW 4,863,118 as of July 27, 201, and the instant judgment on qualified acceptance was null and void as it did not have active property even if the deceased’s financial property was located.

As long as the Defendants committed an illegal act in the course of qualified acceptance, the qualified acceptance is deemed to be null and void and thus void.

Therefore, we seek nullification of the qualified acceptance of this case.

3. First, we examine the legality of the instant lawsuit.

When a judgment ordering payment within the limit of inherited property has become final and conclusive by recognition of the qualified acceptance of an inheritor in a prior suit between the obligee and the inheritor with respect to the claim against the inheritee, such obligee shall be subject to a new lawsuit against the inheritor.