집행문부여에 대한 이의의 소
1. The notary public of the defendant's network E is the law firm in Busan, No. 359.
1. Facts of recognition;
A. On April 20, 2013, E (hereinafter “the deceased”) borrowed KRW 350 million from the Defendant as the due date for payment on December 30, 2014. A notary public, who, in the event that the above money is not repaid, was immediately subject to compulsory execution, drafted a notarial deed (hereinafter “notarial deed of this case”) No. 359 of Busan, 2014.
B. On July 14, 2014, the Deceased died from a medical accident at G Hospital, and his heir is the Plaintiff A and B, who is his spouse, and C.
C. On the 21st of the same month, Plaintiff A agreed to compensate for damages and consolation money in relation to the death of the deceased, and was transferred the said money on the same day (hereinafter “instant amount”).
Plaintiff
A, on September 5, 2014, after having filed a report on the approval of succession with the Busan Family Court on September 7, 2014 (No. 2014-Ma3078), A received the adjudication on October 7, 2014 (hereinafter “approval of the succession of this case”). A again filed a request for adjudication for rectification (No. 2014-Ma503), which includes the agreed amount in the inherited property, and received the adjudication on December 8, 2014. On October 7, 2014, Plaintiff B and C filed a report on the renunciation of succession (No. 2014-Ma2075) with the same court on November 21, 2014 (hereinafter “the refusal of succession of this case”).
E. Meanwhile, based on the instant notarial deed, the Defendant applied for the grant of the succeeding execution clause to the Plaintiffs, who are the deceased’s inheritors, and received the succeeding execution clause from the Busan Attorney-at-law F of the Attorney-at-law in charge of Litigation (hereinafter “instant succeeding execution clause”) on August 11, 2014.
F. Based on the above succession execution clause, the Defendant applied to the Busan District Court for the judgment of acceptance on September 4, 2014 (hereinafter “instant compulsory execution”) with respect to the Plaintiffs’ claim against Samsung Life Insurance Co., Ltd., Ltd.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3, 5 through 11, and Eul 1.