(영문) 부산지방법원 2019.04.16 2018가단23106

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(영문) 부산지방법원 2019.04.16 2018가단23106

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Busan District Court Decision 2016Da10966 Decided March 22, 2017.

Reasons

1. Facts of recognition;

A. On March 22, 2017, the Defendant filed a lawsuit against C to claim the return of the lease deposit as Busan District Court Decision 2016GaBa109666, and the above court rendered a judgment that “C shall pay to the Defendant 11,00,000 won and the amount calculated by applying the rate of 5% per annum from November 22, 2006 to February 20, 2007, and 20% per annum from the next day to the date of full payment” and the above judgment became final and conclusive as it is.

(hereinafter “the final judgment of this case”). (b)

C On October 11, 2017, the Plaintiff, who was the deceased’s inheritor, filed a qualified acceptance report with the Busan Family Court on January 9, 2018, and the said court accepted it on January 17, 2018.

C. On September 28, 2018, the Defendant received the inheritance execution clause against the Plaintiff, the deceased’s heir, and issued a collection order as to the Plaintiff’s claim for compensation for losses against the Housing Redevelopment Improvement Project Association in the area E zone under the Busan District Court’s 2018TT8150.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, significant facts in this court, the purport of the whole pleadings

2. According to the facts established prior to the determination on the cause of the claim, the Plaintiff, who had qualified acceptance on the deceased’s property inheritance, is obligated to perform obligations based on the final judgment of this case against the Defendant only within the scope of the property inherited from the deceased. Therefore, compulsory execution based on the final judgment of this case shall be dismissed only for the portion exceeding the scope of the property inherited from the deceased.

3. Judgment on the defendant's assertion

A. As to this, the Defendant: (a) concluded that the Plaintiff would be responsible for the deposit for the lease on a deposit basis with the Defendant by preparing a lease on a deposit basis, receipt, etc.; (b) the Plaintiff is obligated to pay the deposit for the lease on a deposit basis to the Defendant; or (c) the Defendant has a loan claim of KRW 18 million against

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