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(영문) 서울서부지방법원 2016.07.08 2015가단43489
상속채무이행
Text

1. Within the scope of the property inherited from H, Defendant B, C, and D respectively, KRW 31,830,372, and Defendant E shall be within the scope of the property inherited from H, and KRW 13,641.

Reasons

From around 2008, the Plaintiff lent the amount of KRW 200,000,00 as business capital to the deceased H.

H As of October 11, 2013, each of Defendant B, C, and D’s 7/28 shares, Defendant E’s 3/28 shares, Defendant G, and F became property successors at respective 2/28 shares.

On August 17, 2015, the Defendants were adjudicated to accept a report on qualified acceptance by the Seoul Family Court 2015-Ma30129.

(Ground: Facts without dispute; Gap 1, 2, Gap 4-1, and 2; the purport of the entire arguments and arguments). The defendants borrow the above money with a business fund; thus, the five-year statute of limitations has expired. However, considering the overall purport of the arguments in the statements in Gap 4-1 and 2, the above argument is rejected, since H approved the above debt and the statute of limitations has been suspended on July 2013.

Therefore, the Defendants are obligated to return the money equivalent to the Defendants’ inherited portion among KRW 127,321,488, which the Plaintiff sought within the scope of the property inherited from H.

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