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1. The defendant's notary public against the plaintiffs is based on notarial deeds No. 7887 of 2009.
Reasons
1. Basic facts
A. On December 28, 2009, the No. 78887, the No. 2009 deed of the monetary loan agreement was drafted by a notary public on July 30, 2010, stating that Nonparty E borrowed KRW 23 million from the Defendant on a yearly interest rate of 24% and due date of payment as of July 30, 2010.
(hereinafter referred to as “instant notarial deed”). (b)
The deceased E (hereinafter “the deceased”) died on September 28, 2014 due to a traffic accident. At the time, the deceased’s heir was the deceased’s wife F and children.
C. However, on October 28, 2014, the Plaintiffs filed a petition for revocation of inheritance with the Jeonju District Court 2014Ra964, and received a judgment from the said court on January 6, 2015 on the receipt of the notification of renunciation of inheritance.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 5, and 8, the purport of the whole pleadings
2. Determination
A. As above, as long as the plaintiffs' appeal for renunciation of inheritance reported by the plaintiffs is accepted, compulsory execution against the plaintiffs based on the notarial deed of this case shall not be allowed.
B. (1) The defendant's argument on the defendant's argument that the defendant delegated the plaintiffs' claim for damages (insurance money) and the right to receive the deceased's claim to non-party F before acceptance of the claim for renunciation of inheritance filed by the plaintiffs. This act constitutes "when the heir conducts a disposal of inherited property" under Article 1026 subparagraph 1 of the Civil Code, and the plaintiffs' simple approval is deemed to have been granted. Therefore, the above claim for renunciation of inheritance is invalid regardless of acceptance by the court.
(2) On the other hand, Article 1026 subparag. 1 of the Civil Act provides that where an inheritor has performed a disposal act on inherited property, he/she shall be deemed to have performed a simple approval. Accordingly, even if the report has been accepted after the renunciation of inheritance, it shall not be effective as a renunciation of inheritance, but such disposal act shall be inherited.