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(영문) 수원지방법원안산지원 2020.07.22 2019가단8566
(승계)집행문부여에 대한 이의의 소
Text

1. The Suwon District Court’s Ansan Branch 2014j. 5191 Credit Card Use Price case between the Defendant and the network E.

Reasons

1. Facts of recognition;

A. The Defendant applied for a payment order against the network E (hereinafter “the network”) seeking payment of credit card use price under the Nanwon District Court’s Ansan Branch 2014 tea 5191, and received the payment order on April 23, 2014.

(hereinafter “instant payment order”). B.

The original copy of the instant payment order was served on the Deceased and received on April 25, 2014 by a live-in partner (child) of the Deceased.

The instant payment order was finalized on May 10, 2014.

C. The Deceased died on June 29, 2018.

The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) and Nonparty F are co-inheritors of the Deceased.

On May 17, 2019, the Defendant received a succession execution clause against the instant payment order from the Plaintiffs and Non-Party F as the deceased’s successor.

(hereinafter “instant succession execution clause”). (e) The instant succession execution clause.

The certified copy of the instant succession execution clause was delivered to the Plaintiff (Appointed Party) on May 22, 2019, and to the Selection G on May 24, 2019.

F. On June 4, 2019, the Plaintiffs filed a report on the special recognition of inheritance with the Suwon District Court Branch Branch 2019Mo617 regarding the inheritance of the deceased’s property, and the said report on the qualified acceptance was accepted on June 21, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The fact that the plaintiffs made a qualified acceptance on the deceased's property inheritance as to the deceased's property inheritance is as seen earlier, barring any special circumstance, the plaintiffs are liable for the inheritance obligations only within the limit of the property inherited from the deceased.

Therefore, compulsory execution against the plaintiffs based on the instant succession execution clause is allowed only within the scope of the plaintiffs' inherited property from the deceased, and the exceeding portion is not allowed.

The plaintiffs' claims are reasonable within the scope of the above recognition, and the remaining claims are without merit.

3. The defendant's assertion.

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