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(영문) 부산지방법원 2012.01.11 2011나14364
승계집행문부여에대한 이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning for the court's explanation of this case is as follows: "Article 1019..................." as stated in Article 1019 (3) of the Civil Act, the phrase "do not know by gross negligence that the inherited obligation exceeds inherited property" means "in addition, if the inheritor has paid due attention to the fact that the inherited obligation exceeds inherited property, he/she did not know such fact by neglecting it, even if he/she could have known the fact that the inherited obligation exceeds inherited property." The heir bears the burden of proving that the heir did not know that the inherited obligation exceeds inherited property within the period under Article 1019 (1) of the Civil Act without gross negligence

In addition, “Sabbeh,” under the fourth side, “Sabbeh,” “The Plaintiff appears to have been aware of the fact that there was a debt due to the instant payment order against the Defendant of the deceased E at the time of the commencement of the inheritance,” and “Sabbeh, Nov. 2, 2007” under the fourth side of “Sabbeh, 207.10.25,” and “The reported” under the fourth side of “Sabbeh appears to have been known to the deceased E at the time of the commencement of the inheritance,” and “The Plaintiff B and C are minors at the time of the commencement of the inheritance,” under the fourth side below the fourth side, “The Plaintiff B and C are minors at the time of the commencement of the inheritance” is the same as the reasoning of the first instance judgment, and this shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiffs' primary and conjunctive claims in this case are all dismissed as they are without merit, and the judgment of the court of first instance is just in this conclusion. Thus, the plaintiffs' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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