logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원상주지원 2017.06.21 2016가단10321
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D borrowed each of the loans of KRW 45,870,000 on November 16, 2001 from the Busan Agricultural Cooperative, and KRW 40 million on December 9, 2002, and the Defendant guaranteed the above loan obligations.

B. D died on March 15, 2003, and the plaintiffs, their wife E and their children succeeded to their rights and duties.

C. On March 11, 2005, after the Defendant subrogated for the above loan obligation, the Defendant applied for a payment order against the Plaintiffs under the Daegu District Court resident support 2006 tea175, which became final and conclusive around the time when the payment order was served on the Plaintiff B on February 27, 2006, and the payment order was not served on the Plaintiff A and C, and was implemented under the Daegu District Court resident support 2006Gadan2239 as the Defendant’s claim for reimbursement was entirely accepted on July 26, 2006, and the said judgment became final and conclusive around that time.

On October 30, 2015, the Plaintiffs were adjudicated by the Daegu District Court Kimcheon Branch of the Daegu District Court that “A report on qualified acceptance shall be accepted on September 11, 2015 in inheritance of D’s property.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs are subject to a qualified acceptance judgment, so compulsory execution based on the above payment order and judgment shall be dismissed.

B. The Defendant’s qualified acceptance does not take effect within the lawful period, and thus, the Plaintiffs’ claim cannot be complied with.

3. Determination

(a) A successor to the legal doctrine may either grant an absolute acceptance, a qualified acceptance, or a renunciation within three months from the time the commencement of the inheritance becomes known: Provided, That a qualified acceptance may be made within three months from the date the successor becomes aware of the fact that his/her obligation exceeds his/her inherited property, if he/she has made an absolute acceptance (including a legal simple acceptance) without knowledge of

(Article 1019(1) and (3) of the Civil Act; adjudication on acceptance of a qualified acceptance by the Family Court shall be made.

arrow