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(영문) 서울중앙지방법원 2019.05.31 2019가단8090
청구이의의 소
Text

1. The Defendant’s decision on September 24, 2013 is based on the Seoul Central District Court Decision 2013 Ghana12318 Decided September 24, 2013.

Reasons

1. The indication of the claim is as shown in the Appendix of Claim.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff asserts that, inasmuch as the Plaintiff’s report on approval of the inheritance limit against the Plaintiff’s deceased C was accepted, compulsory execution based on the Seoul Central District Court Decision 2013 Ghana12318 Decided September 24, 2013 ordering the Defendant to perform the obligation inherited from the deceased C should be denied.

However, if there is a qualified acceptance of inheritance, the inheritor is liable within the scope of the property to be acquired by inheritance for the obligation of the inheritee, that is, within the scope of the inherited

(Article 1028 of the Civil Act). Therefore, compulsory execution based on the above judgment shall be dismissed only for the portion exceeding the limit of the property to be acquired by inheritance, and this shall also apply to the case where the Plaintiff reported that there is no active property of the deceased C at the time of qualified acceptance.

Therefore, the plaintiff's assertion that exceeds the above scope of recognition is without merit.

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