청구이의
1. Compulsory execution against the defendant's net C based on the executory exemplification of this court's 2007 Ghana15170 case.
According to the whole purport of evidence Nos. 1 and 4-3, the above judgment is finalized on December 21, 2007, the defendant acquired the above judgment claim, and the plaintiff died on September 25, 2010, and the plaintiff is recognized as the deceased's person as the above, upon receiving a favorable judgment of the court that "the amount of money calculated at the rate of 23.5% per annum from December 27, 2002 and from December 27, 2002 to the date of repayment".
However, since the period of extinctive prescription of a claim established by a judgment is ten years, barring any special circumstance, a claim based on the defendant's above judgment was extinguished by extinctive prescription on December 21, 2007, which was ten years from December 21, 2017.
The defendant defense to the effect that the execution clause for succession to the above judgment was granted by designating the plaintiff et al. as the inheritor of the deceased as the successor, and that the prescription period was interrupted by implied approval of the deceased's inheritance obligation because the plaintiff did not raise an objection even after directly receiving the execution clause for succession on June 8, 2016. However, the reason that the plaintiff did not raise an objection even after directly receiving the succession execution clause cannot be viewed as implied approval.
Therefore, the plaintiff's claim seeking non-permission of compulsory execution based on the above judgment is justifiable.