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1. On May 25, 2017, Suwon District Court Decision 2016DaDa4234 decided on May 25, 2017, against the Defendant’s Plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs’ father C (hereinafter “the deceased”) died on June 19, 2015, and the Plaintiffs, who were the deceased’s children, inherited the deceased’s property.
B. The Plaintiffs reported the inheritance limited approval by Suwon District Court 2015 Man-Ma696, which was rendered a ruling accepting the said report on qualified acceptance on December 11, 2015.
C. On May 25, 2017, the Defendant filed a lawsuit against the Plaintiffs seeking the payment of the guaranteed debt by the Deceased who succeeded to the Plaintiffs, and this Court rendered a favorable judgment against the Defendant of this case (hereinafter “the instant judgment”) with the purport that “The Plaintiffs and D shall pay to the Defendant each of KRW 1,880,203 and each of KRW 1,804,218, an amount calculated at the rate of 25% per annum from August 10, 2016 to the date of full payment” (hereinafter “the instant judgment”), and the said judgment became final and conclusive on July 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 12 and 3, the purport of the whole pleadings
2. According to the above facts of recognition, the plaintiffs received a report of qualified acceptance in relation to the inheritance of the deceased's property. Compulsory execution based on the judgment of this case against the defendant against the plaintiffs is unlawful only for the part exceeding the scope of the property inherited from the deceased.
As such, it is reasonable to deny this.
3. According to the conclusion, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.