청구이의
1. On December 10, 2015, the Defendant’s Daegu District Court Decision 2007Kadan45378 decided on the loans case against the Deceased C.
1. The defendant filed a lawsuit against the deceased C (hereinafter "the deceased") with the Daegu District Court Decision 2007Kadan45378, Feb. 5, 2008, which stated that "the deceased shall pay to the defendant 52,519,776 won and 8,04,061 won among them, 55% per annum from November 14, 2006 to March 29, 2007, and 20% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"). The judgment of this case was finalized on February 28, 2008.
On August 18, 2014, the Deceased died, and the Plaintiff, as his inheritor, was tried by the said court on February 16, 2016, on the grounds that the Plaintiff reported the inheritance limited approval to the Daegu Family Court under 2015-Ma3743.
The Defendant applied for grant of succession execution clause against the Plaintiff on December 10, 2015.
[Grounds for Recognition]
2. According to Article 1028 of the Civil Act of the judgment of the court below, an inheritance limited acceptance is approved on the condition that the inheritor shall repay the inheritee’s obligation and testamentary gift to the extent of the property to be acquired by inheritance. Since the defendant obtained an inheritance limited approval and it is judged that this is valid, compulsory execution based on the inheritance execution clause against the plaintiff, which the defendant received with respect to the judgment of this case, shall be allowed only within the scope of the property inherited from the deceased according to the effect of the qualified acceptance
Therefore, the plaintiff's claim of this case is without merit on the premise that the plaintiff does not fully inherit the deceased's debt due to the effect of qualified acceptance. Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.