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(영문) 대구지방법원 2018.05.04 2017가단133472
청구이의
Text

1. Compulsory execution under the conciliation protocol against the defendant by the Daegu High Court 2009Na7725 against the plaintiffs is the network of the plaintiffs.

Reasons

1. Basic facts

A. In the Daegu High Court case 2009Na7725, the conciliation was concluded between the Defendant and E, that on December 4, 2009, E paid the Defendant 3 million won and the amount calculated at the rate of 5% per annum from December 31, 2008 to September 8, 2009, and 20% per annum from the next day to the date of full payment.

(hereinafter “instant protocol of mediation”). B.

After that, on January 18, 2013, E died, and on the part of the deceased E (hereinafter “the deceased”), Plaintiff B and C inherited the deceased’s inherited property.

C. The Plaintiffs filed a report on the recognition of the inheritance limited status with the Daegu Family Court 2017 was 1065 and received the report on the inheritance limited status on February 6, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 5 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination, the plaintiffs filed a qualified acceptance report on the deceased's property inheritance and received it. Compulsory execution based on the instant conciliation protocol against the plaintiffs is unlawful only for the part exceeding the scope of the plaintiffs' inherited property from the deceased E.

As such, it is necessary to deny this.

3. According to the conclusion, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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