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(영문) 전주지방법원군산지원익산시법원 2016.04.22 2016가단42

청구이의

Text

1. The defendant's case of inheritance debts case against the defendant in Jeonju District Court 2015 Gasan District Court 2015 Gau8258.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff and B by the Jeonju District Court 2015Gaso8258, the Seoul District Court 13,405,126 won, and damages for delay of KRW 10,715,374, as an inheritance obligation of the deceased C (hereinafter “instant inheritance obligation”), and the said court made a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to recommend the Plaintiff and B to implement the pertinent claim as claimed by the Defendant.

B. On November 12, 2015, the Plaintiff’s decision on the instant recommendation was finalized on November 27, 2015 because the Plaintiff did not raise an objection against the receipt of a certified copy of the instant decision on the recommendation of performance.

C. On January 20, 2016, the Plaintiff and B, as the deceased’s heir, filed a report on the qualified acceptance on January 29, 2016, with the Jeonju District Court’s Gunsan Branch 2016Ra40, and KRW 1,500,033, the sum of the deposits in the Nonghyup Bank, etc. inherited from the deceased C, was active property, and filed a report on the qualified acceptance. The said court rendered a judgment accepting the said report on the qualified acceptance on January 29, 2016.

On April 5, 2016, the Plaintiff and B repaid to the Defendant the amount of KRW 1,50,033 of active property inherited from the deceased C.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8 (including branch numbers, if any) and the purport of whole pleadings

2. According to the above facts of recognition, since the Plaintiff’s obligation based on the decision on performance recommendation of this case was extinguished by the above repayment, compulsory execution against the Plaintiff based on the decision on performance recommendation of this case shall not be allowed any more.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.