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(영문) 서울중앙지방법원 2017.11.02 2017가합515478
청구이의
Text

1. The defendant's decision is based on the Seoul Central District Court Decision 2006Gahap86073 decided June 8, 2007.

Reasons

1. Fact-finding;

A. On June 8, 2007, the Defendant filed a lawsuit against H with the Seoul Central District Court 2006Gahap86073, and received a favorable judgment from the above court on June 8, 2007, stating that “H shall pay 5% per annum from January 25, 1994 to October 17, 1996; 25% per annum from the next day to May 31, 2003; and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

H died on July 23, 2012, and G, the mother of the deceased H, succeeded to the obligations of the instant judgment.

Since then on January 11, 2015, G died on January 11, 2015, there are plaintiffs A, B (the children of the network G, each inheritance ratio 9/27), C (the spouse, inheritance ratio 3/27 of the network G I), D, E, and F (the children of the network I, each inheritance ratio 2/27).

C. On February 21, 2017, the Defendant received a succession execution clause from the Seoul Central District Court to enforce compulsory execution against the Plaintiffs regarding the instant judgment.

On March 7, 2017, the Plaintiffs reported to the Seoul Family Court 2017-Ma50519 that the deceased’s property inheritance would be qualified, and the said report was accepted on September 14, 2017.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Plaintiffs were unable to know that the Defendant exceeded the net G’s inheritance obligation due to the obligation under the instant judgment, by February 21, 2017, of the fact that the Defendant exceeded the inherited property due to the Defendant’s debt. The Plaintiffs received the said report by filing a qualified acceptance report on March 7, 2017, which was within three months from the date of the instant judgment, and thus, the Defendant’s compulsory execution based on the instant judgment against the Plaintiffs is networked by the Plaintiffs.

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