승계집행문부여에 대한 이의
1. The defendant's High Government District Court of Goyang-si, the High Court of the Republic of Korea (2014j. 2917) for the defendant's network D amount of credit card use.
1. Facts of recognition;
A. On August 8, 2014, the Defendant filed a lawsuit against the network for the claim for the payment of credit card bills with the Do government District Court 2014 tea 2917, Jyang-si District Court 2014. On August 18, 2014, the said court rendered a payment order (hereinafter “the instant payment order”) to the effect that “The Do Council did not confirm to the Defendant the payment order of KRW 37,955,738 and 1,438,20 as to KRW 24% per annum from August 6, 2014 to the date of full payment.” The payment order of KRW 29.5% per annum from August 6, 2014 to the date of full payment.” The Defendant and D did not pay the instant amount to KRW 37,95,738,20 as to KRW 1,4364 per annum.
B. While the deceased did not repay the debt due to the instant payment order (hereinafter “instant debt”), the deceased on August 4, 2015, and the Plaintiff A, B, and C, the spouse of the deceased D, succeeded to the property of the deceased D.
C. On January 20, 2016, the Defendant applied for the granting of the instant payment order to the Plaintiffs on the basis of the order for the instant payment order to the High Government District Court was rendered, and the chief clerk E of the said court granted the succeeding execution clause (hereinafter “instant succeeding execution clause”) to the Plaintiffs on February 23, 2016. The instant succeeding execution clause was delivered to the Plaintiff on February 26, 2016, to the Plaintiff, and to the Plaintiff C on February 27, 2016, and to the Plaintiff B on March 2, 2016, respectively.
On October 15, 2015, Plaintiff A and B filed a declaration of renunciation of inheritance, and Plaintiff C filed a declaration of refusal of inheritance, and Plaintiff C filed a declaration of limited acceptance of inheritance, and received a judgment on December 29, 2015, on December 15, 2015.
[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiffs’ assertion is to seek the denial of compulsory execution based on the instant succeeding execution clause on the grounds that they obtained the waiver of inheritance or the approval of the limited succession.
B. Objection against the execution clause of one execution clause.