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(영문) 서울중앙지방법원 2017.04.05 2016가단5246452
대여금
Text

1. To the extent of the property inherited from the network D to the Plaintiff:

A. Defendant A is 35,675,342 won and 18,76.

Reasons

1. Indication of claims: To describe the cause of claims and the changed cause of claims in attached Form; and

2. Grounds for recognition: A judgment based on the confession (Article 208(3)2 of the Civil Procedure Act, the Defendants are merely asserting that they received an inheritance limited recognition judgment in the written reply of January 25, 2017, and did not dispute the facts constituting the cause of the claim, and thus, the Defendants are deemed to have led to confession. Meanwhile, the qualified acceptance of inheritance is merely limited not to limit the existence of an obligation, but to limit the scope of liability, so long as the qualified acceptance of inheritance is recognized as a qualified acceptance of inheritance, the court shall render a judgment on the whole performance of the inherited obligation even if there is no inherited property or it is deemed that the inherited property is insufficient to repay the inherited obligation. However, since the relevant obligation has the character of not being subject to compulsory execution with respect to the inherent property of an inheritor, it should be clearly stated that it can be executed only within the extent of the inherited property in the text of the execution judgment to limit the executory power).

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