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(영문) 서울남부지방법원 2019.10.01 2019가단218091
양수금
Text

1. Within the scope of the property inherited from the net G, to the Plaintiff:

A. Defendant B is 70,413,754 won and 18,410.

Reasons

1. In full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 through 5 (including the branch numbers, each of which has several numbers), entry of the cause of the claim in the annexed sheet;

1. Since the facts are recognized as identical to the statements in paragraphs 4 through 4, the defendants are obligated to pay the money stated in the order within the scope of the inherited property from the net G.

(2) The Plaintiff’s assertion that the Plaintiff’s claim should be dismissed on the grounds that the Defendants received an inheritance limited acceptance judgment, but the qualified acceptance of inheritance does not limit the existence of the obligation, but is merely limited to the scope of liability. Thus, if the qualified acceptance of inheritance is deemed to exist even in a case where the existence of the inherited obligation is recognized, the court shall render a judgment on the performance of the entire inherited obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited obligation. However, inasmuch as the heir’s obligation has the nature of not being subject to compulsory execution with respect to the inherent property of the inheritor, it is sufficient to specify the purport that it can be executed only within the scope of the inherited property in the text of the execution judgment to limit executory power.

(See Supreme Court Decision 2003Da30968 delivered on November 14, 2003). Therefore, the Defendants’ assertion is without merit.

3. If so, the plaintiff's claim of this case is reasonable, and thus, it is decided to accept it, and the costs of lawsuit shall be borne individually in consideration of the progress of the lawsuit.

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