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(영문) 부산지방법원 2015.11.13 2015나8947
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant to the following matters, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that: (a) on February 16, 2015, the Plaintiff agreed to receive KRW 700,000 from D as to the fact that D stolen goods owned by the deceased; and (b) on the receipt of the agreed amount, the Plaintiff omitted the report on the agreed amount; and (c) thus, the legal simple approval should be deemed to have been granted.

B. Article 1026 of the Civil Act provides that "where any of the following grounds exists, an inheritor shall be deemed to have made simple approval," and subparagraph 1 provides that "if an inheritor conceals, consumes, or intentionally fails to enter in the inventory the inherited property after having made a qualified acceptance or a renunciation," subparagraph 1 provides that "if an inheritor disposes of the inherited property after having made a qualified acceptance or a renunciation, it shall apply only to the case where an inheritor disposes of the inherited property before having made a qualified acceptance or a renunciation, and where an inheritor disposes of the inherited property after having made a qualified acceptance or a renunciation, it shall be deemed that a simple approval has been made only in the case where an inheritor is liable for damages to an inheritance obligee or other inheritor, and further, "illegal consumption of inherited property" under subparagraph 3 of the above provision refers to an act that loses its property value by means of a via an amp, amp, without justifiable grounds (see, e.g., Supreme Court Decision 2003Da63586, Mar. 12, 2004)."

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