1. The Defendant has executory power over the claim for promissory notes (C) No. 2011-Ga30281 against Seoul Northern District Court.

1. Basic facts

A. D (hereinafter “the deceased”) who was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was deceased on December 10, 2014 (the death report was filed on December 19, 2014). At the time of the death, E, C, Plaintiff, and F, who were the deceased’s children.

B. On February 3, 2015, C filed a declaration of renunciation of inheritance with the Seoul Family Court 2015Ra1145, and on March 18, 2015, the said declaration was accepted on March 18, 2015.

(hereinafter “instant renunciation of inheritance”). C.

At E’s request, the registration of ownership transfer was completed on February 5, 2015 in the name of E, C, Plaintiff, and F on February 10, 2014 with respect to shares of 1/4 of each of the instant real estate. D.

On March 3, 2015, the Defendant filed an application for compulsory auction of real estate in the name of C among each of the instant real estate with the Seoul Southern District Court G on March 3, 2015, based on the claim pursuant to the ruling in the Seoul Northern District Court case No. 2011Ga30281, which was held against C, and accordingly, the decision of compulsory auction was made on March 4, 2015, and the entry registration was completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination on the defense prior to the merits

A. The gist of defendant's defense is that the plaintiff's standing to sue against a third party is a third party who asserts that he has a right to prevent ownership or other transfer or transfer of the property subject to compulsory execution, and the above right can be asserted against the execution creditor. The plaintiff asserted that the plaintiff, E, and F acquired the share C (1/4) of each of the real estate of this case according to C's renunciation of inheritance. However, the plaintiff cannot claim ownership without registration under the Civil Act of Korea, which takes the principle of requirements for establishment regarding the change of real right. Thus, the plaintiff cannot file a lawsuit against the third party of this case.

B. Article 187 of the Civil Act of the judgment.