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(영문) 수원지방법원용인시법원 2019.09.19 2019가단2000170
집행문부여에 대한 이의의 소
Text

1. As to the original judgment of the Defendant’s claim against Suwon District Court 2014Gau15762 against the Defendant C.

Reasons

1. Facts of recognition;

A. On July 3, 2014, the Defendant filed a lawsuit against C seeking the payment of the amount of reimbursement for 2014 Ghana District Court Decision 2014 Ghana, which became final and conclusive on July 3, 2014.

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

C (hereinafter referred to as “the deceased”) died on December 30, 2016.

On May 9, 2019, the Plaintiff, who is the heir of the deceased, was accepted on June 21, 2019 by filing a qualified acceptance report with the Suwon Family Court.

(Case Number: Suwon Family Court's Eunpyeong Housing Site Board member 2019 D.111).

After the death of the deceased, the inheritance execution clause against the plaintiff was granted on April 12, 2019 upon the request of the defendant, and was served on the plaintiff around that time.

[Reasons for Recognition] Facts without dispute, significant facts in the court, entry of Gap 1 through 3, purport of the whole pleadings

2. According to the above fact-finding, it is reasonable to view that the Plaintiff was aware that the Defendant’s obligation to succeed to the execution clause was exceeded inherited property after April 12, 2019, and that there was no gross negligence on the part of the Plaintiff.

Therefore, insofar as the Plaintiff filed a report on the re-approval of succession on May 9, 2019, which was within three months from the date of the Plaintiff, the re-approval of succession shall be valid, and compulsory execution based on the Defendant’s execution clause on the succession of the instant final judgment against the Plaintiff may be allowed only within the scope of the property inherited from C.

3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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