logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2016.02.03 2015가단4596
청구이의
Text

1. The defendants' consent to the plaintiffs is based on the executory exemplification of this court's loan case No. 2004Ga3689.

Reasons

1. Facts of recognition;

A. On June 16, 2004, the deceased H filed a lawsuit claiming a loan against the deceased G with the court 2004Kadan3689, and the judgment of this case was rendered on June 16, 2004. The above judgment became final and conclusive around that time.

B. The deceased and the Defendants inherited the deceased H, and the network G also died on August 23, 2014, and the Plaintiffs inherited the network G.

C. The Defendants, based on the instant judgment, obtained the succeeding execution clause against the Plaintiffs on April 17, 2015, and the said succeeding execution clause was served on the Plaintiffs around that time.

After that, on June 1, 2015, the Plaintiffs filed a report on special regular approval with this Court 2015-Ma234, and received an adjudication on acceptance of a report on special regular approval (hereinafter “instant qualified acceptance”) on June 5, 2015.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination:

A. A judgment on acceptance of a report on a qualified acceptance is merely a recognition of the requirements for a qualified acceptance, but not a confirmation of its validity, and a final judgment on whether a qualified acceptance of an inheritance is effective is a matter to be decided in a civil procedure in accordance with the substantive law (see, e.g., Supreme Court Decision 2002Da21882, Nov. 8, 2002). In a case where an inheritor, without gross negligence, has obtained a simple acceptance (including the case where an inheritor is deemed to have obtained a simple acceptance under subparagraphs 1 and 2 of Article 1026 without knowing the fact that his/her inherited obligation exceeds his/her inherited property within the above period without knowledge of the fact that his/her inherited obligation exceeds his/her inherited property, a qualified acceptance may be made within three months from the date of knowing such fact (Article 10

The term "domination that the inheritor did not know such fact by neglecting the inheritance obligation even though he could have known the fact that the inheritance obligation exceeds the inherited property if he paid a little attention to it," and the burden of proving such fact is the inheritor.

Supreme Court Decision 201No. 1000 Decided June 10, 201

arrow