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(영문) 대전지방법원 2019.01.09 2018가단19719

청구이의

Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order of Daejeon District Court 2009 tea13199.

2...

Reasons

1. The basis for the request;

A. The Plaintiff’s husband C was liable for the card payment amounting to KRW 1,417,856 to D Co., Ltd.

C On September 13, 2005, E Co., Ltd. received the above claim from D Co., Ltd. on September 13, 2005, and filed an application for payment order against the Plaintiff, F, and G (the Plaintiff is the wife of C, F and G are the children of C) with Daejeon District Court 2009 tea 13199, and received payment order from the Plaintiff and F.

The above order was served on November 14, 2009 on the plaintiff and F, respectively, and was finalized on December 1, 2009.

(G) The petition filed against G was dismissed. (b)

Meanwhile, on September 18, 2018, the Defendant seized the Plaintiff’s corporeal movables by taking over the above payment order claim from E Company.

C. However, the Plaintiff, F, and G had already filed a report on the renunciation of inheritance with this Court 2003Ra774, and the said report was accepted on October 30, 2003.

Therefore, compulsory execution based on the above payment order should not be allowed.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);