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(영문) 춘천지방법원속초지원 2017.06.20 2016가단2804
승계집행문부여에 대한 이의의 소
Text

1. The Defendant’s order for payment in the loan case against the Defendant’s net B was issued.

Reasons

1. Facts of recognition;

A. On November 2, 2011, the Defendant issued a payment order against the deceased B (hereinafter “the deceased”) with the content that “the deceased shall pay the amount of KRW 48,067,079 and the amount of KRW 13,420,714 per annum from October 27, 2011 to the date of full payment” and the said payment order was finalized on November 19, 2011.

(hereinafter referred to as the “instant payment order”), which became final and conclusive, B.

The Deceased died on May 16, 2015.

On June 26, 2015, G, who is the wife of the deceased, was judged to accept the report of qualified acceptance on September 2, 2015 by this Court No. 2015-Ma110, and was tried to accept it on September 2, 2015. On June 26, 2015, the Plaintiff (the appointed party; hereinafter “Plaintiff”) who is the deceased’s’s child, D, E, F, etc. was adjudicated to accept the report of renunciation of inheritance on September 3, 2015 by this Court No. 2015-Ma110.

C. On the basis of the instant payment order, the Defendant applied for the grant of the succeeding execution clause to which the Plaintiff and the designated parties, etc. were the deceased’s successors, and received the succeeding execution clause with the same content from the court clerk C on November 7, 2016 (hereinafter “instant succeeding execution clause”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, compulsory execution based on the instant succession execution clause cannot be permitted for the plaintiff and the selected parties D, E, and F, and for the selected parties G, it is not permitted for the part exceeding the scope of the property inherited from the deceased.

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

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