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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 16, 2012, the Defendant applied for a payment order against the network D (hereinafter referred to as “the network”) seeking payment of credit card use price under this Court No. 2012 tea 18016, and paid damages for delay to B Co., Ltd. for KRW 15,147,214 and KRW 14,706,705. The above payment order was finalized on May 8, 2012.
B. On August 23, 2012, the Deceased died. On January 22, 2018, the Plaintiff filed a report on the qualified acceptance with the Seoul Family Court on January 22, 2018, and received the said report on the qualified acceptance on April 20, 2018.
(hereinafter “The qualified acceptance of this case”). 【The grounds for recognition ] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.
2. The assertion and judgment
A. The purport of the party’s assertion is that the Plaintiff filed a special approval report under Article 1019(3) of the Civil Act and received the report, so compulsory execution based on the above payment order shall not be allowed only to the portion exceeding the limit of the property acquired by inheritance. Accordingly, the Defendant filed a special approval report after three months from the date on which the Plaintiff became aware that the inheritance obligation exceeds inherited property, and thus, the judgment on qualified acceptance against the Plaintiff is invalid.
B. Article 1019(3) of the Civil Act provides that where an inheritor has granted an absolute acceptance without gross negligence without knowing the fact that the inherited obligation exceeds the inherited property within the period under Article 1019(1) of the Civil Act (three months from the date on which the commencement of inheritance becomes known), a qualified acceptance may be made within three months from the date on which he/she becomes aware of such fact. The adjudication on acceptance of a report on a qualified acceptance by the family court is recognized as satisfying the requirements for a qualified acceptance, but it does not confirm the effect of a qualified acceptance by inheritance.