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1. The defendant's order for the payment of the claim amount against the Hongsung Branch of Daejeon District Court 2007 tea 225 against the defendant's deceased H was issued.
Reasons
1. According to the descriptions of Gap evidence Nos. 1, 3-1, 2, and 4, the following facts may be acknowledged.
On March 27, 2007, the order for payment against the deceased H (hereinafter “the deceased”) was finalized by the Daejeon District Court of Hongsung Branch 2007Ka225 (hereinafter “instant order for payment”).
B. As the Deceased died on November 12, 2013, the Plaintiffs filed a report on the re-approval of inheritance under the Daejeon Family Court’s Hongsung Branch 2014Modan98 on March 26, 2014 as the inheritor of the Deceased. On May 7, 2014, the said court received an adjudication on the acceptance of the said report on the qualified acceptance.
2. The assertion and judgment
A. The gist of the assertion is that since the plaintiffs were unaware of the fact that their inheritance obligation exceeds inherited property without gross negligence, the plaintiffs' special fixed approval with the3-month consideration period is valid. The defendant asserts that there is no special fixed approval of the plaintiffs as the plaintiffs had been exceeded by gross negligence.
B. Determination 1) An inheritor shall make a qualified acceptance within three months from the date on which he/she became aware of the commencement of inheritance. However, if an inheritor was unaware of the fact that his/her inherited obligation exceeds his/her inherited property without gross negligence, a qualified acceptance may be made within three months from the date on which he/she becomes aware of such fact (Article 1019(3) of the Civil Act, and does not know by gross negligence
The term "if the inheritor paid a little attention, he did not know the fact that the inheritance obligation exceeds the inherited property by neglecting it," and the burden of proving that the inheritor did not know the fact that the inheritance obligation exceeds the inherited property without gross negligence is inherited property to the inheritor.