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(영문) 서울중앙지방법원 2017.05.11 2016가단29799

청구이의

Text

1. The defendant's network C and D are based on the Seoul Central District Court Decision 2008Da45157 Decided April 30, 2009.

Reasons

1. Facts of recognition;

A. On December 23, 2008, the defendant filed a lawsuit claiming a loan (Seoul Central District Court Decision 2008Da451577) (Seoul Central District Court Decision 2008Da455157) with respect to the above claim against the deceased C and D (C's former spouse), and with respect to the above claim, the defendant has a claim for a loan against C and D, and with respect to the payment order as of July 15, 1999, the payment order (Seoul Central District Court Decision 2008Da45157) was finalized, and on April 30, 2009, the defendant paid the loan amount of KRW 53,523,500,000 and KRW 9,000,000 among them, from November 17, 1998 to July 23, 1999 to July 25, 2009 (hereinafter "the final judgment").

B. After that, the deceased on February 19, 2013 and the deceased on the part of E and his spouse, the Plaintiff, F, and G, the co-inheritors were co-inheritors. On February 26, 2013, the above inheritors reported the qualified acceptance on the inherited property, accompanied by the list of inherited property, stating that “No real estate is any real estate: corporeal movables: Television: Television: Television: Television: Television: Seoul Guarantee Co., Ltd., the debt amount: 23,97,120 won, and the type of debt: The amount of the vehicle loan. Although it is anticipated that there are a large number of obligations above, the above report was accepted on April 23, 2013, and the above report was accepted on April 23, 2013.

(Yancheon District Court's Young Branch 2013 Madan50).

The Defendant: (a) granted the Plaintiff’s heir an execution clause succeeding to the instant final judgment; and (b) filed an application for a seizure and collection order (YU District Court Decision 2016TY 30136) regarding the Plaintiff’s claim against the financial institution and the claim for return of the lease deposit against H; and (c) the Plaintiff filed the instant lawsuit.

[Reasons for Recognition] : Facts without dispute, Gap 1, 2, Gap 3-1, 2, Eul 2 and 3-2, and the purport of the whole pleadings

2. Determination

A. The plaintiff does not belong to this case.