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(영문) 서울중앙지방법원 2015.10.05 2015가단85136

집행문부여에 대한 이의

Text

1. As to the Defendant’s net E, the Seoul Central District Court 2013 Ghana 474118 decision on the recommendation of performance.

Reasons

1. Facts of recognition;

A. The Defendant filed a claim for reimbursement against the network E by the Seoul Central District Court No. 2013Gada474118, and received a decision on performance recommendation with the content that “the deceased jointly and severally with the Company for Safety of Asia and the Defendant, as to KRW 6,332,749, and KRW 6,114 as to KRW 6,159,114 from August 23, 1999 to October 14, 2003, and KRW 19% per annum as to KRW 20% per annum from the following day to the date of full payment,” and the above decision became final and conclusive on July 16, 2013.

B. On August 16, 2013, the Deceased died after having left the Plaintiff A, and the remaining Plaintiffs, who are their children, who were the bereaved family members.

On December 23, 2013, Plaintiff A, C, and D were tried to accept the renunciation of inheritance by Suwon District Court 2013-Ma2327, and Plaintiff B was tried to accept the refusal of inheritance by Suwon District Court 2013-Ma2326.

C. Meanwhile, the Defendant applied for the granting of the succeeding execution clause to the Plaintiffs, who are the deceased’s successors, as to the above decision of performance recommendation, and received the succeeding execution clause as stipulated in Paragraph (1) of the Disposition (hereinafter “instant succeeding execution clause”).

[Ground of recognition] Facts without dispute, entry of Gap 1 and 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserts that, as the determination of the cause of the claim did not approve the renunciation of inheritance or the limitation of inheritance, the Plaintiffs claim the denial of compulsory execution based on the instant succeeding execution clause.

On the other hand, a lawsuit of demurrer against grant of execution clause is filed to prevent compulsory execution by asserting the illegality of grant of execution clause by disputing the fulfillment of the conditions attested at the time of granting the execution clause or the reason for succession, etc., which is attested at the time of granting the execution clause. In case where the granting agency grants the succession execution clause by inheritance but prior to such granting, a declaration of qualified acceptance by an inheritor or a declaration of renunciation of inheritance is accepted, a lawsuit of demurrer against grant of execution clause is filed by an inheritor, and the compulsory execution against the property other