구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In this case of the claim for reimbursement against the non-party 1, 2009da152523, which the plaintiff filed against the non-party 1, the court decided on August 26, 2009 that "the plaintiff paid damages for delay from August 26, 2009" and from December 3, 2004, "the deceased died on June 15, 2009, and the heir was the spouse and the defendant. The defendants received a waiver of inheritance with the Seoul Family Court Decision 2009Ra7930 on October 15, 2009 that the plaintiff renounced inheritance with the content of giving up inheritance of the deceased's property as the Seoul Family Court Decision 2009Ra7930 on October 15, 2009, it is recognized by the evidence No. 1.
Therefore, since the Defendants retroactively lost the status of inheritor upon the waiver of inheritance, the Plaintiff’s assertion based on the premise that the Defendants are the deceased’s inheritor is without merit.
The Plaintiff asserts that there exists a statutory simple approval under Article 1026 of the Civil Act, such as disposing of inherited property or an illegal consumption by the Defendants before and after the death of the deceased. However, it is difficult to understand that there is no proper examination of the existence of such cause in the situation where the instant lawsuit was brought to prevent the expiration of the extinctive prescription after about 10 years from the time of the death of the deceased.
Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.