청구이의
1. Loans to the Defendant (Appointeds) and the designated parties: Jeonju District Court Kim Jong-si, 2008Hu766.
1. According to the records and the purport of the entire pleadings, the Defendant issued a payment order (hereinafter “instant payment order”) stating that “the obligor (the Plaintiff) shall pay 2,400,000 won to the obligee (the Plaintiff) and 30% interest per annum from January 26, 2000 to the date of full payment” (hereinafter “the instant payment order”). The above payment order became final and conclusive on December 12, 2008; the Deceased died on August 13, 2017; the Plaintiff (the appointed parties) and the designated parties (the Plaintiff and the appointed parties) who were the deceased were reported on November 24, 2008; and the Defendant reported on November 24, 2008 to the effect that “the Plaintiff, etc.” was approved on April 28, 2018.
2. Determination
A. Where an inheritance and a qualified acceptance has been made after the establishment of the executive titles, if the inheritor seeks to exclude the compulsory execution against his/her own property by claiming the qualified acceptance, it is insufficient to assert and prove the fact that the subject of the qualified acceptance and the subject of the compulsory execution are the inherent property of the inheritor, and even the fact that the obligation on the executive titles is limited by the qualified acceptance as the inherited obligation, the heir’s liability is limited
As such, the assertion of qualified acceptance in such a case may be deemed to have an element of objection to a claim seeking the restriction on executive force of the executive title itself, and in such a case, unlike the case where the executive title itself states the purport of limited liability called “within the scope of inherited property”, a lawsuit of objection to a claim may be brought.
B. According to the above facts of recognition, the responsibility of the plaintiff et al. based on the payment order stated in the order shall be borne by the deceased.