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(영문) 서울중앙지방법원 2016.02.02 2015나40103
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as follows. Thus, it shall accept this by the main sentence of Article 420 of the Civil Procedure Act.

It is insufficient to reverse the conclusion of the judgment of the first instance court only with the descriptions of the evidence Nos. 7 through 10 submitted by the defendant in the trial.

2. Additional determination

A. The gist of the Defendant’s assertion of the statutory simple approval is that the Plaintiff, etc. applied for a qualified acceptance trial, and the Plaintiff, etc. is deemed to have obtained the simple approval pursuant to Article 1026 subparag. 3 of the Civil Act, on the following grounds: (a) the sum of the monthly rent claim of KRW 6,00,000 for lesseeO and P as to the Plaintiff’s building owned by the network C and its ground building (hereinafter “instant leased building”).

B. (1) The phrase “when a person fails to enter his/her own property list” under Article 1026 subparag. 3 of the Civil Code on the Absolute Acceptance by Law means that, when a qualified acceptance is made, the person who conceals inherited property and thereby does not enter his/her inherited property in the list of inherited property with the intent to prejudice inheritance creditors by

(2) In full view of the overall purport of the statements and arguments in Gap evidence Nos. 10, 11, 2-2, and Eul evidence Nos. 10, and Eul evidence Nos. 10, 2010 (Supreme Court Decision 2009Da84936 Decided April 29, 2010), P was operating Q " Q" from the time on March 1993 after leasing the leased building Nos. 1, 2, and 3, 4, and 4, from the time on March 31, 2015, P was operating "R" from the deceased C to the present time. As of March 31, 2015, the deposit money in P was KRW 10,00,000, monthly rent was KRW 4,000, KRW 400,000, KRW 300, KRW 200, KRW 300,000, KRW 20,000, KRW 30,000.

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