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(영문) 수원지방법원평택지원 2017.09.13 2016가단13968

청구이의

Text

1. The defendant's execution of the defendant's claim for the purchase price claim in Suwon District Court Decision 2010Kadan20735 against the plaintiffs.

Reasons

1. Basic facts

A. On June 5, 2013, the Defendant filed a lawsuit against D, Nonparty E, and F (hereinafter “Nonindicteds”) for the claim for the refund of the purchase price under the Suwon District Court’s horizontal Housing Site Board KRW 2010Kadan20735, and the said court decided on July 21, 201 that the Nonparty would jointly and severally pay KRW 50,000 to the Plaintiff, and the said decision became final and conclusive.

(hereinafter referred to as the “decision of recommending reconciliation of this case”). (b)

Based on the decision on the recommendation for reconciliation, the Defendant applied for grant of succession to the above court against the Plaintiffs, who are the successors of the network D, and was granted the succeeding execution clause to the Plaintiffs as of October 27, 2016. Based on this, the Defendant applied for seizure of corporeal movables owned by the Plaintiffs on November 29, 2016.

(hereinafter “instant compulsory execution”). C.

On November 14, 2016, the Plaintiffs reported on November 14, 2016, as the Daejeon District Court Branch Branch of Daejeon District Court Decision 2016Ra949, the approval for inheritance assessment of the network D’s “no positive property, and the net property is a debt owed to the Defendant by the network D based on the decision of recommending reconciliation of this case,” and the said court accepted the said report on December 2, 2016.

(hereinafter “The qualified acceptance of this case”). [Grounds for recognition] The parties to this case does not have any dispute between them, Gap evidence Nos. 1 through 8, Eul evidence No. 1, and the purport of the whole pleadings.

2. The allegations by the parties and the judgment thereof

A. (1) The Plaintiffs’ assertion (1) did not know, at the time of the commencement of inheritance, the existence of the obligation according to the decision on the recommendation for reconciliation of this case as to the existence of the obligation pursuant to the decision on the recommendation for reconciliation of this case as to the death of the deceased D (hereinafter “the deceased”), and became aware of it through the instant compulsory execution, and received the qualified acceptance within three months thereafter, the instant compulsory execution should be

(2) The Defendant B is the deceased’s wife, and the Plaintiff A is the deceased’s children, and the civil litigation of the instant decision of recommending reconciliation is more than one year.