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1. Within the scope of the property inherited from the network C, the Defendants each amounting to KRW 13,471,874 and 5,528.
Reasons
Attached Form
Each fact of the cause of claim and the changed cause of claim is not clearly disputed between the Plaintiff and the Defendants.
According to the above facts, the Defendants, as the inheritor of the deceased C, are obligated to perform the deceased’s obligation to the Plaintiff according to their shares of inheritance.
The Defendants asserted to the effect that the inheritance of the deceased was subject to a qualified acceptance trial, and that the deceased's active and passive properties are identified, and that the Plaintiff cannot respond to the Plaintiff's claim because they paid KRW 8,080,503 to the Plaintiff through the liquidation procedure against the creditors.
However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. Provided, That in order to restrict the executory power, the court must clearly state the purport that the obligation can be executed only within the scope of the inherited property in the text of the judgment of performance, in order to limit the executory power.
(2) In light of the above legal principles and the scope of the property inherited from the deceased to the Defendants, the Plaintiff sought performance of the inheritance obligation according to the inherited portion within the scope of the property inherited from the deceased, and the Plaintiff partly appropriated KRW 8,080,503 received from the Defendants as a subrogation for the deceased, and then sought performance of the remainder to the Defendants. In light of the above legal principles, the Defendants’ assertion is without merit.
Therefore, within the scope of the property inherited from the deceased, the Defendants’ respective subrogated payments of KRW 13,471,874 to the Plaintiff, and KRW 5,528,138 to the Plaintiff from February 12, 2018 to July 7, 2018.