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(영문) 서울중앙지방법원 2015.11.19 2015가단5320285
청구이의
Text

1. The Defendant’s payment order against the Plaintiffs was based on the Seoul Central District Court Decision 201Hu28731.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Grounds: Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. Some of the plaintiffs filed a judgment identical to the purport of the claim, but they filed a rejection of compulsory execution on the ground that they received a judgment of limited acceptance by inheritance due to the cause of the claim, and the qualified acceptance is approved on the condition that they shall repay the debts of the inheritee within the limit of the property to be acquired by inheritance. As such, the part of the plaintiffs' claim that seeks to refuse compulsory execution on the part exceeding the scope of the property inherited from the deceased C among the plaintiffs' claims is cited, and the part that claimed to refuse compulsory execution on inherited property is dismissed on the ground that the plaintiffs' claim

(A) The same shall apply where the plaintiffs reported that there is no active property of the deceased at the time of the qualified acceptance.

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