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(영문) 광주지방법원순천지원 2020.10.27 2019가단8584
물품대금
Text

Within the scope of the property inherited from the network G, Defendant C shall be limited to KRW 11,020,666, Defendant D, Defendant E, and Defendant.

Reasons

In addition to the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 8 (including each number), the plaintiff sells to the deceased G (hereinafter referred to as "the deceased") the feed equivalent to KRW 55,110,000 during the period from July 10, 2018 to September 2018, and at the end of each month, the amount was paid by the deceased. The deceased died on December 7, 2019. The defendant C's spouse and the remaining Defendants, as the deceased's children, can be acknowledged as being the deceased's inheritor, and the fact that the deceased paid KRW 22,048,00 to the Plaintiff out of the price of the above goods is the Plaintiff.

Thus, unless there are other special circumstances, the Defendants are liable to pay to the Deceased the total amount of KRW 33,062,00 ( KRW 55,110,000 - KRW 22,048,00) of the balance of the price of the goods, divided by their respective inheritance shares, and the delay damages.

The facts that the Defendants reported the qualified acceptance of inheritance due to the deceased’s death and the reported acceptance of the qualified acceptance as a result of the Plaintiff’s death do not conflict between the parties.

In this regard, the plaintiff asserts that since the defendants omitted property at the time of filing a declaration of qualified acceptance, it constitutes a ground for statutory simple acceptance, the plaintiff's argument on the third date for pleading is able to do so.

Meanwhile, considering the proviso of Article 276 and the main text of Article 272(2) of the Civil Procedure Act;

Article 1026 subparag. 3 of the Civil Act, which is a ground for statutory simple approval, "when the inheritance is not entered in the list of property" means that a qualified acceptance is made with the intent to conceal inherited property in a qualified acceptance and to impair inheritance creditors (see, e.g., Supreme Court Decision 2003Da30968, Nov. 14, 2003) and that the result of the fact-finding by this court alone is difficult to deem that the above ground for statutory simple approval exists, and it is otherwise recognized.

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