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(영문) 수원지방법원안산지원 2015.09.18 2015가단13928
집행문부여에 대한 이의의 소
Text

1. The defendant's order for payment against the defendant's net B was issued in the Suwon District Court's Nansan Branch case 2008Hu4217.

Reasons

1. Facts of recognition;

A. The Defendant filed a claim against the deceased B (hereinafter “the deceased”) for the payment order claiming the payment of KRW 2,352,558, and damages for delay as to KRW 1,546,209, under the Suwon District Court’s Ansan Branch 2008Guide4217 and KRW 2,352,558, and the above court issued the payment order accepting the above application on July 4, 2008 (hereinafter “instant payment order”). The Defendant issued the payment order accepting the above application on the same month.

9. The instant payment order was served on the Deceased, and the said payment order was finalized around that time.

B. After that, the Deceased died on June 5, 2012.

C. On April 11, 2014, the Defendant was granted the succeeding execution clause (hereinafter “instant succeeding execution clause”) with respect to the instant payment order from the head of the Suwon District Court, the head of the Ansan Branch, the chief of the District Court, C, and the Plaintiff as the successor.

Based on the instant succeeding execution clause, the Defendant applied for a seizure and collection order as to each of the deposit claims against the Plaintiff, Korea Bank and Nonghyup Bank Co., Ltd., and the Nonghyup Bank Co., Ltd. on the basis of the instant succeeding execution clause. On April 21, 2015, the said court rendered a decision of citing it.

E. On May 15, 2015, the Plaintiff filed a report on the inheritance limited approval with the Suwon District Court’s Ansan Branch 2015Mo675, and the said court rendered a judgment on June 19, 2015 to accept the said report on qualified acceptance.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), Eul evidence 1, the purport of the whole pleadings

2. In case where the junior administrative officer, who is the institution granting the judgment on the execution clause, has not been found to have already received the report on the qualified acceptance by an inheritor in granting the succeeded execution clause by inheritance, or where the report on the qualified acceptance has been accepted after the grant of the succession execution clause, the inheritor may file a lawsuit of objection against the grant of the execution clause, and request the denial of the compulsory execution against

Therefore, according to the above facts of recognition, the Deceased.

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