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(영문) 서울동부지방법원 2015.01.12 2014가단53975
집행문 부여에 대한 이의의 소
Text

1. The Seoul Eastern District Court Decision 2005Gaso180923 decided on the network D is the Seoul East Eastern District Court.

Reasons

1. Basic facts

A. On April 11, 2006, the Defendant filed a lawsuit against the deceased D (hereinafter “the deceased”) for the claim for the installment payment of KRW 18,240,342 and the amount of KRW 11,70,000 per annum from September 23, 2005 to the date of full payment, and the above judgment became final and conclusive around that time.

B. After that death on May 28, 2009, Plaintiff B and C, the wife of the deceased, jointly succeeded to the property of the deceased. On October 14, 2014, the Defendant received the succession execution clause from Seoul East Eastern District Court E to which the Plaintiffs were the successors of the deceased.

C. Meanwhile, on April 9, 2010, the Plaintiffs filed an application for adjudication on the limited acceptance of inheritance with the Suwon District Court Decision 2010Ra29, and the said court accepted the Plaintiffs’ report on the qualified acceptance of inheritance.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), the purport of the whole pleadings

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

3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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