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(영문) 광주지방법원해남지원 2020.01.07 2019가단201287
구상금
Text

1. The plaintiff

A. The Selected C shall be fully paid from May 24, 2019 to KRW 7,539,131 and KRW 7,271,370 among them.

Reasons

1. Each fact in the separate sheet concerning the determination of the cause of the claim is without dispute between the parties or can be acknowledged by comprehensively taking into account the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 5. Thus, barring any special circumstance, the Appointor C is obligated to pay to the Plaintiff damages for delay from May 24, 2019 for KRW 7,539,131 and KRW 7,271,370, and damages for delay from May 24, 2019, and Defendant (Appointed Party) and the appointed parties D, E, F, G, and H are obligated to pay damages for delay from May 24, 2019 for KRW 5,026,087 and KRW 4,847,580 among them.

2. As to the determination of the defense of qualified acceptance by the Defendant (Appointed Party), the Defendant (Appointed Party) and the designated parties did not know that I’s inheritance obligation exceeds inherited property without gross negligence within three months from the date of the commencement of the inheritance without knowing that I’s inheritance obligation exceeds inherited property. On May 2, 2019, the Defendant (Appointed Party) knew that I’s inheritance obligation exceeds inherited property, and that I’s inheritance obligation is a special approval pursuant to Article 1019(3) of the Civil Act, since he/she became aware of the fact that I’s inheritance obligation exceeds inherited property upon the Plaintiff’s request on May 2, 2019.

In full view of the evidence Nos. 5 and 1 evidence Nos. 1 and the purport of the entire pleadings, the Plaintiff filed a report on the re-approval of inheritance with the Gwangju District Court Branch 2019Kadan112 on April 29, 2019 on June 11, 2019, with respect to the real estate donated to the Defendant (Appointed Party) by the Defendant (Appointed Party) as the right to claim the cancellation registration of ownership transfer registration based on the obligee’s right to revoke the obligee’s right to revocation as the preserved right, and the decision was delivered to the Defendant (Appointed Party) on April 29, 2019. The Defendant (Appointed Party) and the appointed parties filed a report on the re-approval of inheritance with the Gwangju District Court Branch 2019Mo114 on July 23, 2019.

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