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(영문) 대구지방법원 2004. 11. 19.자 2004브25 결정
[상속한정승인][미간행]
Appellant, appellant

Claimant 1 and one other

decedents;

For the purpose of purifying nets

Judgment of the first instance;

Daegu District Court Order 2004Ra125 dated July 15, 2004

Text

The appeal of this case is dismissed.

The adjudication of the first instance court shall be revoked. The decision that the claimant accepts a report of qualified acceptance with the list of inherited property attached to the succession of the property of the inheritee.

Reasons

The appellant and his wife were co-inheritors upon the death of the decedent on May 4, 1998. However, on or around June 2004, the appellant knew that the heir's inheritance liability exceeds inherited property only after being served with a copy of the claim for the acquisition of the transfer money by the Daegu District Court 2004Da63795 against the appellant of the Reorganization Financial Corporation other than the appeal. Thus, even though the report on the qualified acceptance by the court of first instance should be accepted on the 14th of the same month within 3 months from the above delivery date, the court of first instance rejected it, which is unlawful.

In light of the records, although the appellant was found to have died of the decedent and a duplicate of the complaint claiming the amount of money transferred to the appellant, as alleged by the appellant, the appellant’s inheritance liability is deemed to have been served on the appellant, there is no evidence to acknowledge that the appellant’s inheritance liability exceeds the inherited property, and that the appellant did not know of the fact that the appellant did not know about about six years after the death of the decedent and about six years after the death of the decedent.

Therefore, the appeal of this case is dismissed as it is without merit, and the decision of the court of first instance is just in conclusion, and it is so decided as per Disposition.

List of Inherited Property

end.

Judges Kim Chang-sub (Presiding Judge)

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