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1. The Defendants: (a) each of the Plaintiff’s KRW 47,864,00,000 within the scope of the property inherited from the network D; and (b) on the part of the Plaintiff, 2010.
Reasons
1. Facts of recognition;
A. D purchased the Plaintiff’s E-insurance without notifying that he suffered from urine disease at the time of April 25, 2003, and received KRW 95,728,000 insurance money from the Plaintiff after receiving hospitalized treatment for the name of urology, etc. from around that time to September 9, 2010.
B. In this regard, D was prosecuted on the charge of fraud that acquired insurance money and became final and conclusive upon conviction.
C. Around September 20, 2016, D died, and the Defendants, as their children, filed a report on the inheritance limited recognition with the Gwangju Family Court Branch Decision 2016 Madan766 on December 6, 2016, and the said report was accepted on December 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendants, the heir of D, are obligated to pay KRW 47,864,00,00, which correspond to the defendants' shares in inheritance, within the scope of the property inherited from D within the scope of the property inherited from D as a result of restitution of unjust enrichment caused by deception of D's above insurance money or tort damages.
3. On the determination of the Defendants’ assertion, the Defendants asserted to the effect that the Plaintiff’s claim in this case should be dismissed, since they made a qualified acceptance as to the deceased’s property inheritance. However, even if an inheritor made a qualified acceptance as to the property inheritance, the inheritor’s liability itself does not decrease or cease to exist due to a qualified acceptance, but merely is limited to the scope of the inherited property. Thus, insofar as a qualified acceptance is recognized as having existed even in a case where a qualified acceptance is recognized, the court shall render a judgment on the performance of the entire inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, as to the inheritor’s inherent property, a compulsory execution is not possible