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(영문) 서울중앙지방법원 2018.01.25 2017가단84786
집행문부여에 대한 이의의 소
Text

1. The Seoul Central District Court Decision 2013 Ghana169287 delivered on the Defendant’s deceased E is the Court.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. Where a qualified acceptance report is accepted after the grant of the partial dismissed part of the execution clause, an inheritor may file a lawsuit of demurrer against the grant of the execution clause with respect to the non-permission of the compulsory execution of the property other than the scope of the inherited property, and may not seek revocation of the succession execution clause itself or the non-permission of the compulsory execution itself based on the relevant execution title.

However, as in the case of this case, a claim by an heir who has made a qualified acceptance is deemed to include the purport of seeking the denial of compulsory execution against property beyond the scope of inherited property among the compulsory execution based on the inherited execution clause. Thus, within such limit, the plaintiffs' claims are accepted as reasonable, and the remaining claims are dismissed as they are without merit.

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