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(영문) 서울중앙지방법원 2015.08.12 2014가단201252
제3자이의(변경전 사건명:청구의의)
Text

1. The Defendant’s original copy of the judgment with executory power in Seoul Central District Court Decision 2013Da338669 against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant had a claim of KRW 50,000,000 against the deceased C (hereinafter “the deceased”). On January 23, 201, the deceased died after having left the Plaintiff, D, and E, who is the wife as the bereaved family member.

B. On April 4, 2011, the Plaintiff, D, and E reported the qualified acceptance of inheritance as the Incheon District Court 201-Ma734, the Plaintiff and D, and D reported the qualified acceptance of inheritance to the list of inherited property (i) as active property, the sum of the debts owed to Hyundai Capital Co., Ltd., the head of Dongjak-gu, the Bank, the Bank of Korea, the Bank of Korea, the Bank of Korea, the Bank of Korea, and the new bank, and the National Health Insurance Corporation, and KRW 8,646, and KRW 23,181,198,198, respectively.

On April 28, 2011, the Incheon District Court rendered an adjudication to accept a report on qualified acceptance.

C. On June 10, 2014, the Defendant filed a lawsuit against the Plaintiff, D, and E for a loan claim under this Court’s 2013da338669, and this Court rendered a judgment on June 10, 2014 that “within the scope of the property inherited from each Deceased, the Plaintiff shall pay to the Defendant the amount calculated at the rate of 21,428,572 won and the amount calculated at the rate of 20% per annum from March 11, 2014 to the date of full payment” (hereinafter “instant judgment”).

Based on the executory exemplification of the instant judgment, the Defendant filed an application for the seizure of corporeal movables with the Incheon District Court 2014No. 8970, and on September 18, 2014, the enforcement officer of the said court attached the articles listed in the attached list in the Nam-gu G, Incheon, and 505, the Plaintiff resided.

(hereinafter “instant compulsory execution”). E.

The Plaintiff filed an application for provisional disposition seeking the suspension of compulsory execution of this case with the court 2014Kama5835, and this court rendered a judgment on the merits of this case on the condition that deposit of KRW 300,000 won on October 2, 2014.

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