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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2017, the Plaintiff loaned the net F (hereinafter referred to as “the Plaintiff”) KRW 40 million, KRW 50 million, KRW 40 million on December 4, 2017, KRW 60 million on January 24, 2018, KRW 30 million on May 12, 2018, and KRW 240 million on June 20, 2018 (hereinafter referred to as “instant loan”).
B. The Deceased died on October 30, 2018, and the Deceased’s inheritor is the Defendant B (Inheritance Shares 3/9) and the Defendant C, D, and E (Inheritance Shares 2/9) who are the spouse.
C. On November 26, 2018, the Defendants, the inheritor of the Deceased, filed a declaration of renunciation of inheritance with the Daegu Family Court 2018 Daehan2872, and the said court rendered a judgment accepting the said declaration on January 29, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. The plaintiff's summary of the plaintiff's assertion has the claim for the loan of this case against the deceased.
The Defendants renounced inheritance against the deceased’s property. However, the Defendants concealed or disposed of the property included in inherited property as follows, and repaid debts to the specified obligees. As such, the Defendants are deemed to have granted simple approval to the inheritor in cases where any of the following grounds exists under Article 1026 subparag. 1 of the Civil Act (legal simple approval).
1. There exists any ground for legal simple approval prescribed by the heir when the heir disposes of the inherited property;
① At the time of death, the Deceased operated the wholesale and retail store of “G”’s main product.
Ccorporeal movables in G constitute inherited property. After the death of the deceased, the Defendants carried out part of the above corporeal movables, and paid to some creditors as a repayment of debts, etc.
② Even after the renunciation of inheritance, the Defendants are paying interest on loans under the name of the deceased while residing in the house in the name of the deceased.
③ The Defendants, in order to receive the deceased’s death benefit, shall be H. which the deceased joined.