청구이의
1. The defendant's decision against the plaintiff is based on the Busan District Court's 2013 Ghana58311.
According to the purport of Gap evidence Nos. 1 through 4 and the whole pleadings, the defendant filed a lawsuit against the plaintiff et al. who is the heir of B as the debtor B died on July 2, 2006 and received a favorable judgment on July 25, 2013. The judgment became final and conclusive on November 19, 2012. On the other hand, it is recognized that the plaintiff's qualified acceptance report was accepted with respect to the inheritance of the deceased's property as the Jeju District Court No. 2012-Ma689 on November 19, 2012.
In a lawsuit brought by an obligee against an inheritor who inherited a pecuniary obligation of an inheritee seeking the performance of his/her inherited obligation, the scope of liability does not appear as a subject of practical adjudication unless the obligor asserts the fact of qualified acceptance, and thus, the scope of liability does not appear as a subject of adjudication as well as the reasons are not determined. Therefore
Therefore, even if an obligor, even though a qualified acceptance was made by the obligor, failed to assert the fact by the time the argument is closed at the trial court in the lawsuit brought by the obligee, and thus no reservation of the scope of liability became final and conclusive, the obligor may thereafter file a lawsuit of demurrer against
(Supreme Court Decision 2006Da23138 Decided October 13, 2006). According to the above facts and the legal principle as seen above, compulsory execution based on the Defendant’s Busan District Court Decision 2013Da558311 Decided the acquisition money of the Plaintiff ought to be dismissed only on the part exceeding the property inherited from the deceased B.
Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.