1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a claim for the payment of loans with the Seoul Southern District Court Decision 2007Da147777, and on May 10, 2007, the conciliation was concluded that “E shall pay to the Plaintiff 65,000,000 won and 20% interest per annum from February 28, 1996 to the date of complete payment.”

B. E died on October 17, 2008, and the Plaintiff filed an application with the Seoul Southern District Court for grant of the succeeding execution clause against the Defendants, and received a decision of acceptance by each inheritance share of the Defendants on May 2, 2017.

C. On the other hand, on May 24, 2017, the Defendants filed an appeal for the limited recognition of inheritance with the Seoul Family Court, and filed an objection against the grant of execution clause around that time.

The Seoul Family Court accepted the report of qualified acceptance as of December 4, 2017, and on this basis, the Seoul Southern District Court rendered a decision that the succeeding execution clause that was granted to the Plaintiff on February 6, 2018 was revoked only for the part exceeding the scope of the property inherited from the network E, and that compulsory execution based on the executory protocol is denied only for the part exceeding the scope of the property inherited from the network E.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that, at the time of the deceased E’s death, the Defendants had been well aware of the fact that their inheritance obligations, such as the deceased’s loan obligations, etc., exceed inherited property, and thus, the effect of the qualified acceptance reported more than three months thereafter cannot be recognized. Thus, the Defendants’ inheritance share ratio should be granted in accordance with the instant protocol of mediation.

As to this, the Defendants did not know the deceased’s property status at the time of the deceased’s death and, in particular, did not take any separate measures with the knowledge that the inheritance and financial status does not exceed the inherited property.