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(영문) 대구지방법원김천지원구미시법원 2017.04.13 2016가단100027
청구이의
Text

1. The defendant's case of the Daegu District Court Kimcheon-si, 2013Gau2140 which was rendered by the defendant against the plaintiffs.

Reasons

The plaintiff A is the spouse of the non-party D (hereinafter referred to as the "the deceased"), and the plaintiff B and C were the deceased's children, and the deceased died on July 7, 2002.

On May 13, 2005, the Defendant acquired each of the loans on the deceased from the companies, such as Nonparty EL card, Hyundai Capital, Samsung Bio-resources, etc. listed in the separate sheet.

(A) The Defendant filed a lawsuit against the Plaintiffs on the ground of the loan claims that it acquired. The Defendant filed a claim against the Plaintiffs under this Court No. 2013 Ghana2140, and the Defendant’s decision of performance recommendation as to the purport of the Defendant’s claim in the foregoing case was served on the Plaintiffs on April 19, 2013.

5. 4. The decision was finalized as is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1 through 4, and the purport of the entire pleadings, the plaintiff alleged by the parties concerned has renounced the deceased's inheritance of the deceased's property, and the defendant's claim for the amount of money transferred was completed by extinctive prescription at the time of filing

The Defendant’s assertion is against the good faith to assert the waiver of inheritance even in the lawsuit of a claim for acquisition money, and the assertion of renunciation of inheritance is contrary to the good faith, and it should be deemed a simple acceptance of inheritance, since it is contrary to the good faith to assert the waiver of inheritance in the lawsuit of a claim for acquisition money.

In addition, since the defendant's claim against the plaintiffs was confirmed to be effective in the lawsuit claiming the amount of transfer money, the statute of limitations has not expired.

Judgment

In full view of the purport of Gap evidence No. 1 and all the arguments, the plaintiffs can be found to have received the judgment of the Daegu District Court 2002Hun-Ma116 on August 21, 2002 that accepted the report to waive the deceased's property inheritance.

Therefore, the Plaintiffs should be deemed to have not succeeded to the deceased’s property retroactively from the time when the deceased died.

The plaintiffs' evidence No. 1 is stated alone.

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