승계집행문부여에 대한 이의의 소
1. The original copy of the Defendant’s High Government District Court Decision 2010 Ghana 1800 is the protocol of settlement for the loans.
1. Facts of recognition;
A. From May 10, 2010, E and F jointly and severally paid KRW 40,00,000 to the Defendant for a loan claim filed by the Defendant against E and F (this Court Decision 2010Da18000) and a compromise was established to pay it in 16 times, and a compromise was made with the same content.
(A) No. 4, hereinafter referred to as “the reconciliation of this case”). (b)
E died on February 9, 2018, and the Plaintiffs and F inherited E.
(A) Nos. 1, 2, c.
On June 29, 2018, the chief clerk G of the court granted to the defendant an execution clause of succession to which the plaintiffs were the successors of E with respect to the protocol of conciliation in this case.
The Plaintiffs reported a qualified acceptance on the inheritance due to the death of E on July 6, 2018, and the said report was accepted on November 26, 2018.
(Evidence A) 5. [Reasons for Recognition] The fact that there is no dispute, each entry of Evidence A 1 through 5, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs succeeded to E, but received the judgment accepting the inheritance limited acceptance report.
The compulsory execution based on the execution clause of the defendant's succession to the conciliation agreement of this case shall be permitted only within the scope of the property inherited from E, and it shall be denied to the extent exceeding the above limit.
B. The Defendant, prior to the death of Defendant E, notified the Plaintiff B, etc. of the obligation, and the Plaintiffs knew of the obligation based on the reconciliation of this case, but reported the qualified acceptance after the Defendant granted the succeeding execution clause.
The Plaintiffs are obligated to perform obligations based on the settlement of this case, regardless of the inheritance limit approval.
3. Determination
A. The judgment on acceptance of the qualified acceptance by the court of the relevant legal principles is merely a recognition of the requirements for the qualified acceptance, not a confirmation of the validity thereof, and the final judgment on whether the qualified acceptance by inheritance has the effect shall be made in civil proceedings in accordance with the substantive law.