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1. Within the scope of the property inherited from the network B to the Plaintiff, the Selection C shall be KRW 40,909,090.
Reasons
1. Facts of recognition;
A. On July 22, 2002, the order list B died on July 2, 2002, and jointly succeeded to the deceased’s obligations by Defendant (Appointed Party) A, Appointed D, E, and F, who are his wife C and their children. The Defendant (Appointed Party) and the designated parties were subject to the adjudication on qualified acceptance on April 19, 2005, the District Court Decision 2005Mo166.
B. An Gyeonggi Mutual Savings Bank (hereinafter “Game Mutual Savings Bank”) filed a lawsuit seeking loans against Jinjin Construction Co., Ltd., G, Defendant (Appointed Party) and designated parties. On July 1, 2005, the above court rendered a judgment of 95,032,758 won in C within the scope of the property inherited from the Deceased jointly and severally with the Gyeonggi Mutual Savings Bank (hereinafter “KK”) on the payment of KRW 63,35,172 in each of the KRW 63,35,172, and the above judgment became final and conclusive around that time. (c) On July 1, 2013, the Gyeonggi Mutual Savings Bank changed its trade name to the Gyeonggi Mutual Savings Bank Co., Ltd., Ltd., Ltd., and was declared bankrupt on July 1, 2013 by the Seoul Central District Court Decision 2013Hahap88, the Plaintiff was appointed as bankruptcy trustee.
On July 1, 2015, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Plaintiff filed the instant lawsuit for the purpose of the extension of the prescription period for the foregoing judgment claim. Within the scope of the property inherited from the Deceased, the appointed parties C shall be obligated to pay KRW 40,909,090, and KRW 27,272,72,727, respectively, as requested by the Plaintiff as part of the claims established in the previous lawsuit.
B. As to the assertion of the Defendant (Appointeds) and the designated parties, the Defendant (Appointeds) and the designated parties accepted the report of qualified acceptance in the inheritance of the deceased’s property, and the Plaintiff’s claim has no inherited property.