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

The Deceased died on April 11, 2016, and the Defendant A succeeded to the deceased’s property as the deceased’s spouse, and the Defendant B’s child.

[Grounds for recognition] Gap 1 and 2 evidence, the purpose of the whole pleading

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserted that the Defendants succeeded to the deceased’s claim for reimbursement as the deceased’s inheritor, and the Defendants claimed the claim for reimbursement based on their shares of inheritance.

(Voluntary matters are as shown in the grounds for the claim). (b)

Judgment

Where the debtor dies after the creditor has already acquired an execution title against the debtor, the creditor shall enforce a compulsory execution by obtaining a succession execution clause from the successors who are successors who have the effect of res judicata of the execution title.

The Defendants constitute “a successor after the closure of pleadings” under Article 218(1) of the Civil Procedure Act as the deceased’s inheritor, and thus res judicata of the above final judgment between the Plaintiff and the deceased extends to the Defendants.

Therefore, the Plaintiff, based on the above final judgment, will perform the execution clause granted to the Defendants, who are their successors on the ground of the deceased’s death. In doing so, the Plaintiff would have no benefit to bring a lawsuit of this case against the Defendants, who are the deceased’s inheritors.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

(Judgment against Defendant B by public notice)