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(영문) 서울북부지방법원 2018.11.22 2018가단15335
청구이의
Text

1. The Defendant’s compulsory execution against the Seoul Northern District Court 2016 Ghana421930 against the Defendant C is based on the judgment of the case.

Reasons

1. Facts of recognition;

A. On November 2, 2016, the Defendant filed a lawsuit against C in which the Defendant filed a claim for the amount of the assignee fee with C, and this Court rendered a judgment that “C shall pay to the Defendant the amount calculated at the rate of 34.9% per annum from May 17, 2016 to the date of complete payment” with respect to KRW 3,369,979 and KRW 2,991,395 among them, and that “C shall pay to the Defendant the amount of money calculated at the rate of 34.9% per annum from May 17, 2016 to the

B. On July 19, 2017, C died, and on July 19, 2018, the Plaintiffs, who were their children, filed a report on qualified acceptance with the Seoul Family Court Decision 2018Radan5501 on July 19, 2018, and the said court accepted the said report on August 31, 2018.

[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, part of compulsory execution based on the above judgment exceeding the scope of the plaintiffs' inherited property from C is not a responsible property, and thus, it shall be dismissed.

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

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