(영문) 대구지방법원 2019.01.31 2018가단120121

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(영문) 대구지방법원 2019.01.31 2018가단120121

승계집행문부여에 대한 이의의 소

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1. On February 25, 2015, the Daegu District Court rendered a decision of payment order of 2015 tea1082 against the deceased H. Daegu District Court.

Reasons

1. Basic facts

A. On February 25, 2015, the Defendant filed an application for a payment order against the network H (hereinafter “the deceased”) with the Daegu District Court 2015 tea1082, and the Defendant received the payment order (hereinafter “the instant payment order”) stating that “the deceased (the Defendant) shall pay the Plaintiff KRW 1,626,950 per annum from January 30, 2015 to the service date of the original copy of the instant payment order, 5% per annum from January 30, 2015 to the delivery date of the original copy of the payment order, 86,400 won per annum from the following day to the date of full payment,” and the payment order was finalized on March 30, 2015 to the effect that “the deceased shall pay KRW 86,400 per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The instant payment order was served on the deceased on March 30, 2015 and the deceased did not raise an objection within two weeks thereafter.

B. After that, on June 15, 2017, the deceased died on his/her son on June 15, 2017, and jointly succeeded to the property of the deceased by J, K, L, L, and N and children, N and children, who are the wife of the network M, and the Defendant received the succession execution clause on May 10, 2018, in relation to the original copy of the instant payment order from the chief clerk I of the Daegu District Court, the chief clerk I, and the deceased’s successor.

C. Meanwhile, the Plaintiffs reported the inheritance recognition of the deceased as the deceased’s decedent as the Daegu Family Court No. 2018-Ma10454, and the said court accepted the said application as a judgment on August 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. According to the above facts of recognition, since the plaintiffs' qualified acceptance report was accepted with respect to the deceased as the deceased's predecessor, compulsory execution based on the succession execution clause granted by the Daegu District Court chief clerk I as the deceased's successor to the deceased should be allowed only within the scope of the property inherited from the deceased, and the exceeding part should be rejected.

3. The plaintiffs' claims are with merit.

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