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(영문) 부산지방법원 2018.01.09 2017가단12932

청구이의

Text

1. The Defendant’s execution of the loan case against the Plaintiff by Busan District Court Decision 2009Da85683 Decided December 23, 2009.

Reasons

Basic Facts

The defendant is a creditor of the deceased C (hereinafter referred to as the "the deceased"), and the plaintiff is a father of the deceased.

On December 2, 1996, the Defendant lent KRW 60 million to the Deceased, and the Deceased repaid KRW 20,000,000 to the Defendant on November 2, 1998.

The Defendant filed a lawsuit against the Deceased for the payment of the loan as Busan District Court Branch 99 Ghana3497, and the above court rendered a judgment on April 21, 1999 that the Deceased would pay the Plaintiff KRW 40,000,000 and damages for delay thereof, and the judgment became final and conclusive around that time.

On February 8, 2009, the deceased died, and on June 5, 2009, the defendant filed a lawsuit against the plaintiff et al., who is the inheritor of the deceased, to seek the payment of the loan under Busan District Court Order 2009Da85683.

Plaintiff

On August 21, 2009, Busan District Court's Family Branch Decision 2009Ra2230 decided to approve inheritance. At the time, the deceased's active properties listed in the list of inherited property did not exist, and the small property did not have any obligation against the defendant.

In the above case No. 2009Gada85683 on December 23, 2009, the Busan District Court sentenced the defendant to pay the remaining principal of the debt under the final judgment No. 99Gada3497 on December 23, 2009 to the defendant within the limit of the property inherited from the deceased, and the above judgment became final and conclusive around that time.

(hereinafter “The instant final judgment”). On April 4, 2017, the Defendant rendered a seizure execution of corporeal movables listed in the [Attachment 1] List No. 308, which was located in the Plaintiff’s residence, with the title of execution of the instant final judgment as the title of execution, as the Busan District Court Branch Branch Decision No. 2017No601, Apr. 4, 2017.

On July 10, 2017, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claim in the attached list 2 against the Busan Bank Co., Ltd. as the Busan District Court Branch Decision 2017TTT 3985 on July 10, 2017 with the title of execution.

[Ground of recognition] dispute.