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1. Within the scope of property inherited from the deceased B, the defendant shall be 31,88,370 won to the plaintiff and the defendant shall be 31,88,370 won on the part of the plaintiff.
Reasons
Attached Form
Each fact of the cause of claim and the changed cause of claim is not clearly disputed between the plaintiff and the defendant.
According to the above facts, the Defendant, as the inheritor of the deceased B, is obligated to perform the deceased’s obligation to the Plaintiff according to his share of inheritance.
On this issue, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim because they were subject to a qualified acceptance trial on the deceased’s inheritance.
However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. Provided, That in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment of performance, in order to limit the executory power.
(See Supreme Court Decision 2003Da30968 Decided November 14, 2003, etc.). In light of the above legal principle and the fact that the Plaintiff sought performance of the inheritance obligation according to the inherited portion within the scope of the property inherited from the deceased against the Defendant, the Defendant’s above assertion is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,88,370, which is the day following the date of vicarious payment, to the Defendant 8% per annum pursuant to the agreement from January 21, 2017 to October 15, 2017 and delay damages calculated by 15% per annum pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.