1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 17, 2011, the Defendant filed an application for payment order against C as Suwon District Court Branch Branch No. 2010 tea5781, and on February 17, 2011, “C shall pay to B 80,632,045 won and damages for delay at the rate of 20% per annum from the day after the day when the payment order in this case was served to B to the day of full payment,” and the above decision was finalized as it is.

B. D, a spouse of C, died on August 14, 2007, and C died on February 20, 2015.

C. On June 11, 2015, after three months from the date of death of C, the Plaintiff received an application for the inheritance limited acceptance (hereinafter “instant qualified acceptance”) with the Seoul Family Court, as one of the co-inheritors, and on August 25, 2015, the said application was accepted.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and purport of whole pleadings

2. The plaintiff asserts that since the Seoul Family Court received a ruling of acceptance of the report of acceptance of qualified acceptance, the part exceeding the scope of inherited property from C shall not be subject to compulsory execution based on the decision of the payment order of this case.

As the defendant knew of the existence of the obligation according to the payment order of this case at the time of the commencement of the inheritance, he asserts that the plaintiff's report of inheritance restriction is null and void, since he knew or was not aware of the fact that the deceased's passive property exceeds active property within the period prescribed in Article 1019 (1) of the Civil Code (3 months from the time of the commencement of the inheritance).

3. No knowledge of the fact that the inherited liability under Article 1019(3) of the Civil Act of the judgment exceeds the inherited property by gross negligence

The term "domination that the heir did not know such fact by neglecting the inheritance obligation even though he could have known that the heir would exceed the inherited property if he paid a little attention," and the heir's inherited obligation is inherited property.