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(영문) 춘천지방법원원주지원 2016.11.15 2016가단1549
구상금
Text

1. To the extent of the property inherited from each netJ, the Plaintiff:

A. Defendant A is 27,212,966 won and 9,87.

Reasons

The fact that the Defendants succeeded to the obligations of theJ against the Plaintiff on October 4, 2015 by inheritance shares does not conflict between the parties.

However, on March 8, 2016, the Defendants filed a report of limited acceptance of inheritance with respect to the deceased J’s inherited property by Young-gu Branch of Chuncheon District Court 2015MoMo237 on March 8, 2016. As the qualified acceptance of inheritance is not limited to the existence of debt, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the existence of debt is recognized, the court shall render a judgment of full performance of the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, inasmuch as the relevant debt has a character that it is impossible to enforce compulsory execution with respect to the inherent property of the inheritor, the court must specify the purport that it can be executed only within the scope of the inherited property in the text of the judgment of performance

(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003).

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