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1. Compulsory execution based on the Ulsan District Court Decision 2013Da110910 decided May 21, 2013 against the Defendant’s Plaintiffs is enforced.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against E seeking damages for a credit card use of KRW 10,591,597 and damages for delay of KRW 10,129,581 among the costs and damages for delay of the credit card use of KRW 10,597. On May 21, 2013, the lower court rendered a ruling accepting all the Defendant’s claims, and the said judgment became final and conclusive on June 15, 2013.
(hereinafter “instant final judgment”). (b)
E (hereinafter “the deceased”) died without his/her spouse and children on October 9, 2013, and the Plaintiffs inherited the deceased’s property as the parents of the deceased.
C. On March 18, 2019, the Defendant was granted from the Ulsan District Court the Plaintiffs’ instant final judgment as his/her successor, and the Plaintiffs were served with a certified copy of the succeeding execution clause on March 25, 2019.
On April 1, 2019, the Plaintiffs entered the list of inherited property in attached Form No. 2019-Ma430 of the Ulsan Family Court, and reported the inheritance limited acceptance. The said court rendered a judgment accepting the said report on May 17, 2019.
【Non-contentious facts, Gap 1, 2-3, 2-5, 2-6, 2-7, 4, Eul 1, and the purport of the whole pleadings.
2. Article 1019(3) of the Civil Act provides that a qualified acceptance may be made within three months from the date on which he/she becomes aware of the excess of the inheritance obligation, even if it is deemed that a simple approval has been made pursuant to subparagraphs 1 and 2 of Article 1026 of the Civil Act, as well as a simple approval without knowing the excess of the inheritance obligation within the period under Article 1019(1) of the Civil Act, without gross negligence. Thus, the inheritance obligation under Article 1019(3) of the Civil Act
The term "domination that the inheritor did not know the fact that his/her inherited obligation exceeds his/her inherited property if he/she paid a little attention," and Article 1019 of the Civil Code does not contain gross negligence that his/her inherited obligation exceeds his/her inherited property.