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1. The judgment of the court of first instance is modified as follows.
The defendant shall be within the scope of the property inherited from the deceased B.
Reasons
1. Basic facts
A. The net B failed to repay the loan after receiving the loan (hereinafter “instant loan”) as listed below (hereinafter “instant loan,” and when referring to individual loan, hereinafter “instant loan”). The principal and interest balance is as listed below:
(1) On July 27, 201, 111, 594, 323, 200, 200 per annum 20% per annum 2,211, 6781, 111, 594, 323, 272, 271 May 31, 203, 201; 20% per annum 1,00,066, 493505, 751, 572, 244, 204, 208, 205, 208, 305, 205, 208, 205, 205, 207, 305, 205, 205, 305, 207, 2405, 305, 2408, 2016, 25, 2016, 204
B. The instant loan claims were transferred to the Korea Asset Management Corporation on October 28, 2002, and on September 18, 2012, to the Plaintiff, respectively, and the transfer of the claim was notified to the deceased B.
C. On September 16, 2014, the deceased on September 16, 2014, the Defendant, as a dual-type type of the deceased B, was succeeded to one-fifth of the net B’s property rights and obligations, including the instant loan obligations, with the remainder of the brothers and sisters.
In the preparatory brief dated April 6, 2016 and the preparatory brief dated June 9, 2016, the Defendant asserted to the effect that the Defendant succeeded to the property in the order of 1/5 of the judicial rights and duties of the deceased B, along with the other four brothers and sisters, as a dual-type legal fiction of the deceased B. The Plaintiff also asserted to the same effect in the application for modification of the purport of the claim and the cause of the claim made on June 16, 2016, and each of the above documents was stated at the first date for pleading of the first instance court on September 6, 2016, and concluded a judicial confession.
On January 26, 2016, the Defendant filed a report on the inheritance limited recognition with the Incheon Family Court No. 2016-Ma249, which was the deceased B as the deceased, and the report was accepted on May 13, 2016.
E. The Defendant’s mother C died on October 17, 2014, and the first instance court was the instant case.