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1. The defendant shall not exceed KRW 400,000,000 within the extent of the inherited property of C, and shall not exceed KRW 180,000,00.
Reasons
1. Facts of recognition;
A. On May 20, 2014, the Plaintiff loaned KRW 180 million to D with interest rate of KRW 36% per annum and due date on September 20, 2014.
C on March 14, 2016, up to the limit of KRW 400,000,000, the debt of D was jointly and severally guaranteed.
B. On May 7, 2017, C died after having his/her child and E as his/her heir.
C. On June 16, 2017, the Defendant sold to F real estate owned by F, including Ulsan-gu G loan 201, and completed the registration of ownership transfer on July 4, 2017.
E submitted the declaration of renunciation of inheritance to the Ulsan District Court 2017Ra704 on June 20, 2017, and the Defendant submitted the declaration of renunciation of inheritance to the Ulsan District Court 2017Ra705 on the same day, and each of the said declarations was accepted on November 8, 2017.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 6 through 8 (including each number), Eul 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, since E renounces inheritance and the defendant independently inherited the defendant's joint and several debt obligations, the above qualified acceptance becomes a problem.
Article 1019(3) of the Civil Act provides that a qualified acceptance may be made within three months from the date on which the heir becomes aware of the excess of the inheritance obligation, as well as where a simple approval is considered to have been made under subparagraphs 1 and 2 of Article 1026 of the Civil Act without knowing the excess of the inheritance obligation within the period under Article 1019(1) of the Civil Act without gross negligence. Thus, even if the heir has already disposed of the inherited property through a division of inherited property through an agreement on division of inherited property, the heir may still make a qualified acceptance pursuant to Article 1019(3) of the Civil Act, and therefore, even if the heir has already disposed of the inherited property through the division of inherited
(see Supreme Court Decision 2003Da29562, Jan. 26, 2006). Examining the above facts in light of such legal principles, the Defendant is the C’s.