집행문부여에 대한 이의의 소
1. On the payment order against the defendant's deceased C, the Suwon District Court Branch of the above court in relation to the payment order for the defendant's deceased C. < Amended by Act No. 2009, Dec. 1252>
1. Facts of recognition;
A. The Defendant applied for a payment order against C with this Court No. 2009j1252 to the effect that “C shall pay 91,367,651 won and delay damages to the Defendant” was finalized on March 26, 2009.
(hereinafter referred to as the "payment order of this case").
C (hereinafter referred to as the “Death”) died on March 24, 2013.
On April 5, 2013, the deceased's heir D and E were accepted on April 5, 2013.
The parents of the second-class heir died before the death of the deceased, and the plaintiffs (appointed parties, hereinafter the plaintiff) and the designated parties (hereinafter the plaintiff and the designated parties, respectively, are the third-class heir of the deceased.
On February 18, 2019, the Plaintiffs reported the special approval of the Suwon Family Court as an Ansan Branch of 2019Hun-Ma176, and was accepted on April 4, 2019.
C. On February 8, 2019, after the death of the deceased, the succeeding execution clause was granted to the Plaintiffs on February 8, 2019, and was served on the Plaintiffs around that time.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 2, 3, 5 evidence (including provisional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiffs asserted that the succession execution clause based on the payment order in this case should be cancelled because they obtained inheritance limited approval and there is no property inherited from the deceased.
The Defendant asserts that, in light of the fact that the Plaintiffs were brothers and sisters of the deceased, and the Plaintiff was in the same business as the deceased, the deceased did not know about the fact that the deceased committed the crime against the believers et al. (in the absence of gross negligence, even if he did not know about the death of the deceased), it should be deemed that the approval was made simply because the deceased did not give up qualified acceptance or renunciation within a legitimate period after the
(b) Determination 1 inheritor may make an absolute acceptance, qualified acceptance or a waiver within three months from the time when he became aware of the commencement of the inheritance, and his obligation to effect the inheritance.