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(영문) 서울중앙지방법원 2016.05.03 2015가단5386964

청구이의

Text

1. The Defendant’s decision is based on Seoul Central District Court Decision 2013Da518147 decided August 21, 2013.

Reasons

1. The facts of recognition are as follows: (a) the Defendant filed a lawsuit against D for a loan claim with the Seoul Central District Court Decision 2013Da518147, which rendered a favorable judgment on August 21, 2013; (b) the judgment became final and conclusive on September 26, 2013; and (c) thereafter D died on April 13, 2015; and (d) the fact that the judgment was final and conclusive on February 4, 2016, stating that D would accept the report on qualified acceptance by the Plaintiffs, who are the successors of D, for the Seoul Family Court Decision 2015-Ma1951, Seoul Family Court Decision 2015-Ma1951, the fact that the judgment was final and conclusive does not conflict between the parties, or that it is recognized

2. As seen earlier, the Plaintiffs asserted that compulsory execution based on the above judgment should not be permitted since they made a qualified acceptance after D’s death. Accordingly, according to the above fact of recognition, compulsory execution based on the Defendant’s Seoul Central District Court Decision 2013Gada518147 Decided August 21, 2013 against the Plaintiffs should be dismissed only to the extent that the Plaintiffs exceeded the scope of inherited property from the above D.

Therefore, the plaintiffs' assertion is justified within the above scope of recognition.

3. The plaintiffs' respective claims are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.