1. No. 83, 2010, No. 83, a notary public’s document drawn up against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. The Plaintiff’s son died on September 4, 2014, and the Plaintiff inherited solely.

B. On September 19, 2014, the Plaintiff filed a report on qualified acceptance with the Changwon District Court Branch 2014Mo464 Decided September 19, 2014, and the said court rendered a judgment accepting the said report on September 22, 2014.

C. On the other hand, on January 28, 2010, the Defendant lent KRW 48 million to D, and on the 29th of the same month, written a notary public C’s No. 83 of the No. 2010 No. 83 of the No. 2010 of the No. 300 of the No. 2010 of the No.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination on the main claim

A. The primary claimant’s repayment of KRW 14,520,000,000 out of the borrowed money amount of KRW 48,000 on the instant Notarial Deed is recognized according to the evidence Nos. 7, Eul’s evidence Nos. 2, and the court’s fact-finding and the purport of the oral argument as to the NH Nonghyup Bank.

In addition, the plaintiff asserts that the remaining debt was repaid, but the evidence submitted by the plaintiff alone is insufficient to admit the above argument, and there is no other evidence to acknowledge it, so the above argument by the plaintiff is without merit

Therefore, compulsory execution based on the notarial deed of this case shall not be permitted only for the portion exceeding 3,3480,000 won calculated by subtracting 1,4520,000 won from the above borrowed money.

B. The plaintiff asserts that, even if the debt borrowed on the Notarial Deed of this case is remaining, the compulsory execution should not be permitted beyond the scope of the inherited property from D, since the plaintiff had qualified acceptance.

As seen earlier, the Plaintiff recognized the qualified acceptance, barring any special circumstance, compulsory execution based on the instant notarial deed should be carried out within the scope of the property inherited from D.

As to this, the defendant shall, after the plaintiff made a qualified acceptance, perform the inherited property.