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(영문) 서울중앙지방법원 2017.09.28 2016가단5179552
양수금
Text

1. The Plaintiff within the scope of inheritance from the network D:

A. Defendant A shall be KRW 35,590,737 and KRW 13,957,290 among them.

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 5 (including additional numbers) as to the cause of the claim, the facts of the reasons for the claim are recognized.

Therefore, within the scope of property inherited from the network D, Defendant A is obligated to pay damages for delay calculated at the rate of 17% per annum, which is the rate of 23,727,158 won, respectively, and 9,304,860 won, from July 19, 2016 to the date of full payment, to the date of full payment, to KRW 35,590,737 won and KRW 13,97,290 among them.

2. Judgment on the defendants' assertion

A. Defendant A asserts to the effect that the instant inheritance obligation is also exempted because he/she was granted the exemption decision by the Jung-gu District Court 2014, 19555 on November 30, 2015. However, the instant inheritance obligation is not indicated in the creditors’ list, and it appears that it constitutes non-exempt claims under Article 566 proviso 7 of the Debtor Rehabilitation and Bankruptcy Act. Thus, the above Defendant’s assertion is without merit.

B. Defendant B and C asserts to the effect that, if all children among the network D co-inheritors have renounced inheritance, the said share of inheritance is attributed to the heir in proportion to the other inheritor’s share of inheritance, and it is not inherited to the above Defendants, the next-order heir, who is the heir, pursuant to Article 1043 of the Civil Act, which provides that all children shall belong to the heir. Even if the above Defendants constitute co-inheritors, seeking the performance of obligations against the above Defendants, which were minors at the time of the commencement of inheritance,

However, Articles 100 and 1003 of the Civil Code stipulate the right of inheritance by blood and the right of inheritance by spouse separately, and provide that if a lineal descendant or a lineal ascendant exists, his spouse shall jointly inherit with him, and since a person who renounces his inheritance is placed in the same position as he was not an inheritor at the time of the commencement of the inheritance, all of the spouse and children of the inheritee shall

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