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1. Within the scope of each inherited property inherited from Non-Party E, to the Plaintiff:
A. Defendant A shall be KRW 36,326,634 and its number.
Reasons
1. Part concerning Non-party E (hereinafter “the deceased”) among each fact in the separate sheet of the grounds for the application and No. 1-A of the changed grounds for the application.
Each fact described in the subsection shall be subject to no dispute between the parties.
According to each of the above facts, the Defendants are the inheritors who qualified for the inheritance of the deceased, and have the duty to repay the deceased’s obligations to the Plaintiff, the obligee of the deceased, within the scope of the property inherited from the deceased, and when calculating the above inheritance obligations, the changed claim No. 1-B.
same as the entry in the subsection.
Therefore, the Defendants are entitled to the Plaintiff’s transfer of the property inherited to the deceased within the scope of the attached claim No. 1-B.
From April 2, 2015 to September 30, 2015, the Plaintiff’s relevant inheritance debt amount and the relevant loan balance, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum, as claimed by the Plaintiff, within the scope of the annual interest rate of 20% as determined by the final and conclusive judgment (Seoul District Court Decision 2003Gahap393) and the damages for delay recognized by the said final and conclusive judgment from the next day to the date of full payment.
2. Judgment on the defendants' assertion
A. The Defendants asserted the qualified acceptance of the deceased’s inheritance, and the Defendants did not have positive property inherited from the deceased, and thus, did not have any obligation to inherit.
B. The qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized even in cases where the inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if the inheritance does not exist or the inherited property is insufficient to pay the inheritance obligation. However, a compulsory execution against the inheritor’s inherent property may be conducted.