The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on March 15, 2017, and the Defendants jointly inherited the deceased.

B. On April 28, 2017, the Defendants filed a report on the inheritance limited acceptance (hereinafter “instant inheritance limited acceptance”) with the Seoul Family Court Decision 2017Ra-Ma3704, and the said court rendered a judgment on October 13, 2017 to accept the report on the qualified acceptance.

C. The Plaintiff asserted that the Deceased committed a joint tort against E and the Plaintiff, and that the Defendants inherited the deceased’s joint tort liability against the Plaintiff, and that the Defendants filed a lawsuit for damages against the Defendants, as the Chuncheon District Court 2018Gahap50065, which rendered a judgment on March 20, 2019 that “within the limit of the property inherited from the Deceased, Defendant B shall pay to the Plaintiff the amount of KRW 4.7 million, and Defendant C shall pay the amount of KRW 44.7 million, and damages for delay.”

(A) The plaintiff filed an appeal against this, and is currently pending in the appellate court. 【The ground for recognition】 The statement of evidence Nos. 4 and 16, and the purport of the whole pleadings.

2. As to the legitimacy of the instant lawsuit, the Plaintiff asserted that the Plaintiff was a title trust to the Defendant C with respect to the motor vehicle used by the deceased for joint tort with E (the 2015-type Almaty Almaty F) but actually belongs to the inherited property owned by the Deceased. The Defendants were deemed to be deemed to have obtained simple recognition since they failed to report the said motor vehicle intentionally at the time of the report on the inheritance limited recognition, and thus omitted from the inherited property. Accordingly, the Plaintiff sought confirmation on the judgment on the acceptance of the report on the inheritance limited recognition against the Defendants.

However, the judgment of the family court on acceptance of a report on qualified acceptance is merely recognized as satisfying the requirements of qualified acceptance, but it does not confirm its validity, and the final judgment on whether the effect of qualified acceptance of inheritance is effective is a matter to be decided in civil procedure according to the substantive law.

Supreme Court Decision 201Da1448 delivered on November 8, 2002