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1. The Defendant: within the scope of the property inherited from the deceased B, KRW 81,433,892 to the Plaintiff; and KRW 45,816 to the Plaintiff.
Reasons
Attached Form
The facts in the cause of the claim (Provided, That the part stating "the debtor" remains the mother without any other family member and died on or after April 201, 201, are not disputed between the parties, or can be recognized by adding the whole purport of the pleadings to the items in Gap evidence 1 through 4, Gap evidence 5-1, Gap evidence 5-2, Gap evidence 6, Gap evidence 7-1 and Eul evidence 7-2. Accordingly, the defendant is liable to pay damages for delay calculated at the rate of 15% per annum from February 12, 2016 to the date of full payment as of February 12, 2016, as the deceased's heir, within the scope of the property inherited from the deceased's heir, as requested by the plaintiff, within the scope of the property inherited from the deceased's heir, the sum of the principal and interest in the attached cause of the claim and the amount of KRW 81,43,816,926, which is the principal.
Accordingly, the Defendant asserts to the effect that he cannot respond to the Plaintiff’s claim on the grounds that the Defendant, as the Seoul Family Court Decision 2011Hun-Ba5726, limited the inheritance from the deceased B, was unable to accept the Plaintiff’s claim. However, the inheritor, who limited approval, shall succeed to the entire inheritance obligation, but shall be liable only within the scope of the inherited property, not its own property, and thus, even if the Defendant limited the inheritance from the deceased B, he shall be liable for the Plaintiff’s performance of the inheritance obligation within the scope of the inherited property. As seen above, in this case where the Plaintiff sought the performance of the above obligation within the scope of the property inherited from the deceased B, the circumstances pointed out by the Defendant shall not interfere with the Plaintiff’s claim.
Therefore, the plaintiff's claim against the defendant shall be accepted, and it is so decided as per Disposition.