1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Plaintiff is a creditor who holds a claim against the deceased G (hereinafter referred to as the “the deceased”).

The Deceased died on September 4, 2013, and the Defendants, as their children, succeeded to the Deceased.

Upon the death of the deceased, the Defendants reported the inheritance limited acceptance as a Gunsan Branch of the Jeonju District Court 2013Ja623. On November 4, 2013, the said court accepted the Defendants’ inheritance limited acceptance report.

On the other hand, the Plaintiff filed a lawsuit against the Defendants seeking the payment of the said debt on the grounds that the Defendants, the inheritor of the deceased, succeeded to the deceased’s obligations against the Plaintiff (Seoul District Court 2013Gau18305, hereinafter “the prior lawsuit of this case”).

In the process of the above lawsuit, the Defendants asserted that the inheritance of the deceased was qualified, and the above court closed the pleadings on February 19, 2014, and rendered a judgment on March 5, 2014 that “The Defendants shall pay to the Plaintiff the amount calculated at the rate of KRW 4 million per annum and twenty-four per annum from August 16, 2013 to the date of full payment, within the limit of the inherited property.” The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings as to the main purpose of the main defense, the plaintiff asserts that since the defendants omitted inherited property while filing a report of limited recognition of inheritance, the inheritance shall be deemed as simple acceptance pursuant to Article 1026 subparag. 3 of the Civil Code, and that the plaintiff sought full payment of the claims against the deceased against the defendants.

In the previous suit between the obligee and the inheritor with respect to the claim against the inheritee, when the judgment ordering the payment within the limit of inherited property becomes final and conclusive by recognizing the qualified acceptance of the inheritor, the obligee existed prior to the closing of argument at the fact-finding court, which served as the basis of the said judgment by a new suit against the inheritor.