청구이의의 소
1. Compulsory execution against the Defendant’s Plaintiffs based on the conciliation protocol No. 2018Gadan5236, Oct. 11, 2018, is the same.
1. Determination as to the cause of claim
A. In fact, the Defendant filed a lawsuit against the deceased E (hereinafter “the deceased”) seeking the agreed amount under this court’s 2018da5236.
On October 11, 2018, “1. The Deceased shall be paid KRW 20 million to the Defendant, and in installments, KRW 1 million shall be paid from November 201 to June 25, 2020, respectively. 2. If the Deceased delays the payment of each of the above installments on one occasion, the benefit of time shall be lost immediately, and the Defendant shall be paid damages for delay calculated at the rate of 15% per annum from the day following the date of loss of the benefit of paragraph 1 to the day of full payment.”
(C) The deceased died on March 29, 2019.
On April 22, 2019, Plaintiff A, a spouse of the deceased, reported the renunciation of inheritance by the Gwangju Family Court 2019Ja677, and was tried on May 17, 2019 by the above court to accept the declaration of renunciation of inheritance.
On April 22, 2019, B, his/her dependent, filed a report on the inheritance limited approval with the Gwangju Family Court 2019Hun-Ma676, and received an adjudication on acceptance of a qualified acceptance report from the above court on May 17, 2019.
(C) The Plaintiff received a claim attachment and collection order as to the Plaintiff’s deposit claim against the Plaintiff Company F, etc. on July 18, 2019, and received a claim attachment and collection order as the Gwangju District Court 2019TTT7895, with respect to the Plaintiff’s deposit claim against the Plaintiff Company F, etc. on July 18, 2019
[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 (including virtual numbers), the purport of the whole pleadings
B. Unless there are special circumstances to determine, compulsory execution based on the instant conciliation protocol against the Defendant against the Plaintiffs should be rejected against the Plaintiff A, and against the Plaintiff B, the compulsory execution against the Plaintiff should be denied only to the part exceeding the scope of the property inherited from the Deceased.
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