A. On October 15, 2010, the Defendant filed a lawsuit against the Deceased for the claim for reimbursement by 2010 Ghana16442, and received the judgment as indicated in the Disposition No. 1 of this case (hereinafter “instant judgment”). The judgment of this case became final and conclusive around that time.

B. The Deceased died on November 3, 2012. Accordingly, according to the instant judgment, the Defendant applied for the grant of the inheritance execution clause to the Plaintiff, the deceased’s heir, and the instant succession execution clause was granted on February 11, 2015. The said succession execution clause was served on the Plaintiff around that time.

C. Thereafter, on March 2, 2015, the Plaintiff filed a report on special approval with the Chuncheon District Court 2015-Madan98 (hereinafter “instant qualified acceptance”). On March 31, 2015, the Plaintiff received an adjudication on acceptance of a report on special approval (hereinafter “instant qualified acceptance”).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination:

A. The plaintiff asserts that the qualified acceptance of this case is valid, and that the execution clause of this case should be revoked, and compulsory execution based on the above succeeded execution clause should also be rejected as to the part exceeding the deceased's inherited property.

As to this, the defendant visited the deceased's home in 2010 and provided a debt consultation, and received a seizure and collection order as to the claim of the deceased on December 1, 2010 by the Chuncheon District Court 2010Tcheon District Court 2010TTT4272. The plaintiff asserts that even though he was aware of the inherited obligation as his family member, the plaintiff did not grant a qualified acceptance even after the death of the deceased, since the time limit for the qualified acceptance is excessive, the plaintiff should be deemed to have made a simple approval.

B. (1) Determination of the parties’ assertion is that the adjudication on acceptance of a declaration of qualified acceptance is recognized as having satisfied the requirements for qualified acceptance, but it does not confirm its effect, and the final determination on whether a declaration of qualified acceptance of inheritance is effective shall be determined in civil litigation in accordance with the substantive law.