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(영문) 서울중앙지방법원 2021.02.17 2020나31417
청구이의
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The grounds for this part of the basic facts are the same as the reasoning of the judgment of the court of first instance (1. basic facts). Thus, this part of the basic facts are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. On July 14, 2017, the Plaintiff filed an application for perusal and reproduction of the records, and received a copy of the instant provisional attachment decision, and came to know that the inheritance obligation of the deceased would exceed inherited property. There was no gross negligence in failing to know, and the instant limited approval was reported on September 6, 2017, which was within three months from that time, pursuant to Article 1019(3) of the Civil Act, the instant limited approval is lawful by satisfying all the requirements for the limited approval pursuant to Article 1019(3) of the Civil Act. Therefore, compulsory execution based on the instant judgment shall be denied regarding the portion exceeding the scope of inherited property by the Plaintiff.

B. Defendant (1) (1) on September 2, 2016, the Plaintiff visited the Dong office with the Defendant on behalf of the deceased, who had difficulty in obtaining a certificate of the deceased’s seal impression necessary for the repayment of KRD and MPD, instead of the instant loan, and (2) the Defendant demanded the Plaintiff to repay the instant loan after the deceased’s death, the Plaintiff sent a copy of the deposit contract, loan certificate, bank transaction statement, and passbook to the Defendant on October 7, 2016.

different types.

“Along on October 24, 2016, the Defendant sent text messages to the Defendant, and (3) concluded a sales contract with the Defendant that the Plaintiff’s and the Deceased’s children will transfer their ownership to the Defendant as a repayment of the substitute, and thus, the Plaintiff became aware of the fact that the inheritance liability exceeds the inherited property at the latest around the above time.

However, since the limited approval report of this case should be filed within three months from that time, the limited approval report of this case is invalid.

(2) The instant limited approval report is the Civil Act.

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