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(영문) 청주지방법원제천지원 2020.02.05 2019가단1462
청구이의
Text

1. The Defendant’s Cheongju District Court was based on the Cheongju District Court Decision 2018Kadan2178 Decided February 27, 2019.

Reasons

1. Basic facts

A. around February 27, 2018, the Defendant filed a lawsuit seeking a loan against C, etc. and was sentenced to a favorable judgment on February 27, 2019.

(Cheongju District Court Decision 2018Gadan2178, hereinafter referred to as the “Prior Judgment”). The Prior Judgment became final and conclusive around that time.

B. C died on April 12, 2019.

C. On May 2019, the Defendant received the inheritance execution clause against the Plaintiff, who is the husband of C with respect to the preceding judgment.

On June 11, 2019, the Plaintiff filed a declaration of renunciation of inheritance, and was tried on June 28, 2019 to accept the said declaration.

(Reasons for recognition) The entry of evidence Nos. 1 and 2, and the purport of the whole pleadings of the Cheongju District Court Decision 2019Ra116).

2. According to the above facts of recognition, since the plaintiff was the heir C, but gave up inheritance, compulsory execution based on the prior judgment against the plaintiff should not be allowed.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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