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(영문) 수원지방법원 2015.02.05 2014가단49704

청구이의

Text

1. No. 1260 of the 2000 deed, a notary public against the plaintiffs, prepared on September 25, 2000 by the defendant's Ejoint law office.

Reasons

1. Facts of recognition;

A. On September 25, 2000, the non-party net F (the death of May 2, 2001) issued to the defendant a promissory note with the face value of 15,000,000,000 and the due date on March 4, 2001. On the same day, the notary public drafted a No. 1260 deed with the E-Joint Law Office No. 2000 (the “No. notarial deed of this case”).

B. On July 30, 2009, the Defendant issued the instant authentic deed to the Plaintiffs, the heir of F, who were granted the succeeding execution clause on July 30, 2009, applied for a seizure and collection order against KRW 7,636,363 out of the lease deposit return claim against Nonparty G by Suwon District Court 2009TT11741, and issued the above order on August 11, 2009.

C. Meanwhile, the Plaintiff B and C reported the renunciation of inheritance to the deceased F by Suwon District Court 2001 Doz.570, and the judgment was rendered on May 26, 2001. The Plaintiff A also reported the renunciation of inheritance to the same court 2001 Doz.705, and the judgment was rendered on June 30, 2001.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 5, and 8 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the plaintiffs renounced inheritance to the networkF, the defendant's debt against the defendant based on the notarial deed of this case does not belong to the plaintiffs. Therefore, execution against the defendant's compulsory execution based on the notarial deed of this case against the defendant should be rejected.

3. As to the Defendant’s assertion, the Defendant asserts to the effect that the Plaintiff did not waive inheritance, on the grounds that the ownership transfer registration was made in the name of the Plaintiffs on the land of H 397 square meters and five lots (hereinafter “each real estate of this case”) in Sungsung-si, which was F-owned.

According to the statements in the evidence Nos. 1-1 through 6, each of the real estate in this case was registered on May 2, 2001 as the plaintiffs, I, and J co-owners on the ground of inheritance, but it is recognized that each of the real estate in this case has been registered.