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(영문) 창원지방법원진주지원 2015.02.25 2014가단11938
집행문부여에 대한이의
Text

1. On September 2014, 201, Jinwon District Court Decision 2011Da7777, Jinwon Branch of the Jinwon District Court for the network E, F.D.

Reasons

1. Basic facts

A. On June 29, 2011, the Defendant filed a lawsuit against the deceased E (hereinafter “the deceased”) for the claim for the purchase of goods with the Seoul District Court Jinwon Branch Branch Branch of 201Gadan777, and the said court rendered a judgment on June 29, 201 that “the deceased shall pay to the Defendant the amount calculated at the rate of 20% per annum from December 29, 2010 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. After that, the deceased died on January 20, 2014, and the Plaintiff B and C, their wife, jointly inherited the deceased’s property. As to the original copy of the judgment of this case on September 25, 2014, the Defendant received the succession execution clause from the above senior court clerk F to the deceased’s successor.

C. Meanwhile, on the other hand, the Plaintiffs filed an application for adjudication on the recognition of inheritance with the above court 2014-Ma202, and the above court accepted the Plaintiffs’ report on the qualified acceptance on April 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, since the report of qualified acceptance by the plaintiffs with the deceased as the deceased was accepted, compulsory execution based on the succession execution clause granted by the above court court court clerk F as the deceased's successor to the deceased shall be allowed only within the scope of the property inherited from the deceased, and the exceeding part shall be rejected.

3. The plaintiffs' claims of this case are accepted as reasonable.

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