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(영문) 수원지방법원 2019.07.10 2019가단1721

청구이의

Text

1. The Suwon District Court Decision 2015Hu6859, Suwon District Court 201. 6. 6. 8. 6. 6. 6. 8. 1. 3. 1

Reasons

1. Facts of recognition;

A. On June 25, 2015, C applied for a payment order against D as Suwon District Court Decision 2015 tea6859, and on June 25, 2015, “D shall pay to C a corporation KRW 19,421,247 and delay damages for KRW 7,309,502 among them,” and was finalized on September 1, 2015.

(hereinafter “instant payment order”). B.

D (hereinafter “the deceased”) died on January 31, 2017, and the Plaintiff succeeded to the deceased’s property.

C. Following the Defendant’s succession to the status of C, on December 23, 2018, the succeeding execution clause was granted pursuant to the instant payment order to enforce compulsory execution against the Plaintiff who was the deceased’s successor, and the Plaintiff was served on December 31, 2018.

On the other hand, the Plaintiff came to know of the Defendant’s claim based on the instant payment order upon the receipt of the above succession execution clause. On January 15, 2019, the Plaintiff reported the qualified acceptance as to the deceased’s inherited property under Article 2019-Mao84 of the Korean District Court. On April 9, 2019, the said court rendered a judgment accepting it.

(hereinafter referred to as “instant qualified acceptance”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 5 (including additional numbers), the purport of the entire pleadings.

2. The plaintiff asserts that since the qualified acceptance of this case was accepted, compulsory execution based on the payment order of this case by the defendant should be rejected.

As to this, the defendant is against the purport that compulsory execution is possible within the scope of inherited property due to the effect of the above qualified acceptance.

On the other hand, if the court accepts the report of qualified acceptance, the liability of the inheritor for the obligation of the inheritee is limited to the inherited property. As a result, inheritance obligee cannot perform compulsory execution on the inheritor’s inherent property unless there are special circumstances. As seen earlier, as long as the Plaintiff received the judgment of qualified acceptance, the payment order of the Defendant is based on the payment order of this case.