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1. The defendant shall enter the attached list from the plaintiff within the scope of the property inherited from the deceased C.
Reasons
1. Facts of recognition;
A. On September 12, 2017, the Plaintiff entered into a lease agreement between the deceased C (hereinafter “the deceased”) and the building listed in the separate sheet (hereinafter “instant building”) with respect to the lease deposit amounting to KRW 55 million, and the lease term from September 12, 2017 to September 11, 2019 (hereinafter “instant lease agreement”) and paid the deceased KRW 5 million.
B. On February 27, 2019, the Deceased died, and on April 4, 2019, the remaining inheritors, other than the Defendant, among the inheritors, reported the renunciation of inheritance to the Ulsan Family Court on April 4, 2019, and the Defendant filed a qualified acceptance report (2019No. 447). The above court accepted each of the above reports on April 30, 2019.
[Ground of recognition] Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 1, and the purport of the whole pleadings
2. According to the facts of the above recognition, since the lease contract of this case was terminated upon the expiration of the contract, the defendant is obligated to pay 5,000,000 won to the plaintiff within the scope of the property inherited from the plaintiff within the scope of the property inherited from the deceased.
The defendant asserts that the plaintiff's claim should be dismissed because the defendant received a judgment on qualified acceptance. However, since the qualified acceptance of inheritance does not limit the existence of an obligation, but is merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even if there is an inherited obligation, the court shall render a judgment on the performance of all the inherited obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, in order to limit the executory power, it is sufficient to clearly state the purport that the obligor can execute the inheritance only within the extent of inherited property in the text of the judgment on performance in order to limit the executory power (see Supreme Court Decision 2003Da30968, Nov. 14, 2003).