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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, without the Plaintiff’s consent, filed a lawsuit against E claiming unjust enrichment claiming payment of the amount equivalent to KRW 72 million per annum from June 8, 2016 to the date of complete payment of the amount equivalent to the monthly rent, etc. for the ten-year period of Seoul Central District Court 2016Kadan50629, and the amount equivalent to KRW 72 million and the amount equivalent to KRW 15% per annum from June 8, 2016, on August 11, 2016, the judgment was rendered in favor of the Plaintiff on August 11, 2016 and became final and conclusive around that time.
B. On June 10, 2017, Defendant B, the wife, died on June 10, 2017, filed a report on the renunciation of inheritance with the Gwangju Family Court 2017-Ma1617, Defendant D, a lineal descendant, filed a report on the renunciation of inheritance with the same court 2017-Ma1616, and Defendant C, a lineal descendant, filed a report on the qualified acceptance with the same court 2017-Ma1618, respectively, and was tried to accept it on October 27, 2017.
Defendant C reported the qualified acceptance and stated that the positive property in the list of inherited property is “free,” and the small property is “Seoul Metropolitan Government Office of Gangnam-gu, Innju City, Resident Tax, Local Income Tax, and Corporate Bonds,” and other obligations are “not known.”
[Reasons for Recognition] Evidence A 1 to 5, Evidence A 10, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. As seen earlier, the Defendants asserted that they either concealed or disposed of inherited property by intentionally making a report on the renunciation of inheritance and the qualified acceptance, such as omitting the real estate trusted by the deceased to the Defendants, or the deposit claims deposited by the deceased in the name of the Defendants in the inventory, etc., and thus, the Defendants should be deemed to have made a simple approval as the inheritor of the deceased pursuant to Article 1026
Therefore, for compulsory execution against the defendants, an execution clause of succession to the judgment of this case should be granted.
(b) judgment (1).