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(영문) 서울중앙지방법원 2021.01.12 2019가단5222730
약정금
Text

1. The Plaintiff:

A. Defendant B’s KRW 114,00,000 as well as 5% per annum from May 30, 2017 to April 24, 2020.

Reasons

Since the facts of the cause of the claim stated in the separate sheet against the defendant B can be recognized by Article 150 of the Civil Procedure Act, the plaintiff's claim against the defendant B is justified in its entirety.

As stated in the separate sheet on the part of the claim against Defendant C, the deceased while the network D bears the obligation to pay the Plaintiff the agreed amount of KRW 190,000,000 to the Plaintiff, and the fact that Defendant C inherited the network D’s property jointly with Defendant B may be recognized by the overall purport of each entry and change of evidence (including the number) without dispute between the parties, or by the overall purport of each entry and change.

Accordingly, according to the evidence evidence Nos. 1 and 2, Defendant C is obligated to pay the net D’s debt to the limit of the property inherited from the network D, except in extenuating circumstances. Defendant C is obligated to pay the net D’s debt to the extent of the property inherited from the network D upon receipt of the report on the limited approval under Articles 1019(3) and 1030 of the Civil Act on April 9, 202.

(1) As to this, the Plaintiff asserts that Defendant C’s act of disposing of the deceased D’s inherited property should be deemed as having made a simple approval under Article 1026 subparag. 1 of the Civil Act.

According to the evidence evidence Nos. 2 and 4 (including branch numbers), after the deceased’s death of the deceased, the fact that the ownership based on inheritance was completed by the deceased’s sole name of Defendant B, one of the co-inheritors on December 19, 2018.

However, according to the purport of the entire argument of this case, it is difficult to find out the circumstances that Defendant C made an act of disposal, such as holding a separate consultation with Defendant B on division of inherited property or transferring inherited shares to Defendant B in the process of completing the registration of ownership by inheritance under the sole name of Defendant B.

Therefore, simple approval that is premised on Defendant C’s disposal of inherited property cannot be recognized.

(2) On the other hand, the Plaintiff is against the network D as a special representative of Defendant C as a grandchild.

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