A. C asserted that the deceased D (the deceased on February 13, 2015, hereinafter “the deceased”) has a loan claim of KRW 12,00,000 against the deceased. On May 20, 2015, C filed an application for the payment order with the Suwon District Court 2015 tea1697 against the Plaintiff, the deceased’s spouse. The said court issued the payment order on June 3, 2015 (hereinafter “instant payment order”) stating that “the Plaintiff would pay the Plaintiff KRW 12,00,000,000 to C, and delay damages therefrom,” and the said order was finalized on June 20, 2015.

B. The Defendant acquired a claim against the Plaintiff under the instant payment order from C, and received a succession execution clause on April 15, 2016.

C. On the other hand, on April 21, 2015, the Plaintiff filed a declaration of renunciation of inheritance with the Suwon District Court 2015Ra666, and the said court accepted the said declaration on May 15, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment on the cause of the claim, the plaintiff is not responsible for the repayment of the debt that the deceased incurred to C by waiving his inheritance on the deceased's property, and barring any special circumstance, compulsory execution based on the payment order of this case shall be dismissed.

B. The defendant's assertion 1 is asserted to the purport that since the plaintiff acquired ownership on real estate owned by the deceased due to inheritance, it should be deemed as a simple approval of inheritance.

Comprehensively taking account of the purport of the Plaintiff’s statement No. 1, the fact that the registration of ownership transfer was completed in the Plaintiff’s name on April 22, 2015 on the ground of inheritance as of February 13, 2015 with respect to No. 101, 401, Dong 101, Dong 401, E-based multi-household housing, the deceased was registered as the deceased.

However, according to the above evidence, the above transfer of ownership is registered for the provisional seizure of real estate by the Gyeonggi Credit Guarantee Foundation, the creditor.