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(영문) 대전지방법원 2017.01.19 2016가합102218
상속채무금
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 120 million, and each of them from January 1, 2013.

Reasons

1. Presumed facts

A. The network D lent to the network E (hereinafter “the deceased”) KRW 10 million on March 31, 2003, and KRW 200 million on August 13, 2004 on a yearly interest rate of 12% on December 13, 2005 (hereinafter “instant loan”), respectively, to the Defendant B’s account, the wife of the deceased.

B. The Deceased died on October 14, 2012, and his inheritor is the Defendant B and the Deceased’s children.

The Defendants filed a report on qualified acceptance and received a judgment on May 22, 2013 (the Daejeon Family Court Decision 2013Ra489), stating that the list of inherited property submitted by the Defendants during the process of filing a report on qualified acceptance does not constitute active property of the Deceased.

C. The deceased died on July 23, 201, and his heir agreed on and divided the instant loan claims to the Plaintiff, who is his father.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 10, 14 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that “the Defendant intentionally did not enter F building, which is the property trusted by the deceased to Defendant B at the time of filing a report on qualified acceptance, and 42,00 shares of G (hereinafter “G”) in the instant property “instant property.” Therefore, the Defendants’ simple approval pursuant to Article 1026 subparag. 3 of the Civil Act should be deemed to have been granted. As such, the Defendants, the inheritor of the deceased, are liable to reimburse the Plaintiff, the heir of the instant loan claim, in accordance with the inheritance shares.”

B. The Defendants’ assertion that “the instant property is unique property of Defendant B acquired in the name of Defendant B during marriage, and thus, does not constitute inherited property. Even if the instant property is the deceased’s property, the Defendants intentionally concealed it or did not intend to harm the inheritance obligee, and thus, cannot be deemed as having granted simple approval.”

3. Determination

(a) One side of the married couple shall be in his/her name during marriage;

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