(영문) 서울중앙지방법원 2019.05.30 2018가단5246463

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자간(%)

(영문) 서울중앙지방법원 2019.05.30 2018가단5246463

구상금

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 31,403,013 and KRW 30,215,439 among them, Defendant A shall be from February 6, 2004 to October 17, 2008.

Reasons

1. Claim against the defendant A;

A. The part on the above defendant among the grounds for the change in the attachment of the claim

(b) Service by public notice based on recognition (Article 208 (3) 3 of the Civil Procedure Act);

2. There is no clear dispute between the Plaintiff and the Defendants as to each of the grounds for the change in the attached Form of claims against Defendant B and C.

According to this, the above Defendants are the inheritors of the network D (hereinafter “the deceased”) and are obligated to perform the deceased’s obligations to the Plaintiff according to their shares of inheritance.

On the other hand, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim because they were subject to a qualified acceptance trial on the deceased’s inheritance.

However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. Provided, That in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment of performance, in order to limit the executory power.

(2) In light of the above legal principles and the purport that the Plaintiff, within the scope of the property inherited from the deceased, sought performance of the inheritance obligation according to the inherited portion, to the said Defendants, the above assertion is without merit.

If so, the plaintiff's claim is accepted on the grounds of all.

참조조문

-민사소송법 제208조 제3항 제3호

참조판례

-대법원 2003. 11. 14. 선고 2003다30968 판결

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