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(영문) 대구지방법원 2020.02.06 2019가합1248
판결일부실효 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The purport of the request is as follows.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against E with the Daegu District Court 2008Gahap10963 seeking the payment of trial costs and consolation money.

On December 4, 2009, the appellate court of the instant case, concluded mediation between the Plaintiff and E that “E shall pay the Plaintiff KRW 3 million with 5% per annum from December 31, 2008 to September 8, 2009, and 20% per annum from the next day to the date of full payment.”

(hereinafter referred to as “instant conciliation,” and the protocol prepared pursuant thereto is “instant conciliation protocol”). B.

E The deceased on January 18, 2013, and the heir was Defendant C and D, the wife of the deceased E (hereinafter referred to as “the deceased”).

C. On November 21, 2017, the Plaintiff was granted by the Daegu District Court the instant protocol of conciliation to the Defendants, and was served on Defendant D on November 23, 2017, a certified copy, etc. of the succeeding execution clause, to Defendant C on November 24, 2017, and to Defendant B on November 27, 2017.

On December 12, 2017, the Defendants filed a qualified acceptance report with the Daegu Family Court on the inheritance of the deceased’s property, and received an adjudication from the same court on February 6, 2018 ( Daegu Family Court Decision 2017Ra10665).

[Reasons for Recognition] Nos. 1 and 3-2 of Gap's evidence No. 2, Eul's evidence No. 1, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that the Defendants did not waive inheritance within three months after the deceased died, and thus succeeded to the obligations arising from the instant conciliation, so the Defendants are obligated to pay the Plaintiff the inheritance obligations with its own property.

3. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination as to the legitimacy of the instant lawsuit.

A. The relevant legal doctrine succeeds to the inheritee’s obligation as it is, but only the liability for the obligation is inherited.

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