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(영문) 서울중앙지방법원 2018.04.27 2017가단108651
제3자이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant’s provisional attachment 1) Yangcheon-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”).

(2) The Plaintiff and the Plaintiff’s husband F shared 1/2 shares. As F died on July 11, 2016, F transferred 3/14 shares to the Plaintiff, and 2/14 shares to G and H, respectively. (2) On October 24, 2016, the Defendant completed the provisional attachment registration after obtaining a provisional attachment order of KRW 16,604,928 (hereinafter “provisional attachment”).

B. A renunciation of inheritance and qualified acceptance 1) G and H reported the renunciation of inheritance under the Seoul Family Court 2016-Ma6828, the Seoul Family Court, and the report was accepted on November 4, 2016. (2) The Plaintiff filed a report on the refusal of inheritance under the Seoul Family Court 2016-Ma6827, and the report was accepted on November 15, 2016. Of the inherited property, the Plaintiff filed a report on the refusal of inheritance under the Seoul Family Court 2016-Ma6827 and filed a report on the acceptance of inheritance. Of the inherited property, the Plaintiff filed a report on the monetary claim, such as F shares, movable property

C. On February 2, 2017, the Plaintiff’s revocation of the execution of the provisional seizure of this case deposited the amount of KRW 16,604,928 (hereinafter “the instant provisional seizure deposit”) with the court of this court in KRW 2413, the amount of KRW 16,604,928 (hereinafter “the instant provisional seizure”). On February 8, 2017, the Plaintiff was determined to revoke the execution of the provisional seizure of this case by the court of this Court 2017Kagi265.

(1) On August 30, 2017, the Defendant rendered a ruling that “the Plaintiff shall pay to the Defendant 13,511,153 won within the scope of the property inherited from the net F and 11,615,068 won per annum from February 14, 2017 to the date of full payment” (hereinafter “instant ruling”).

The judgment was rendered on October 25, 2017, and the judgment became final and conclusive on October 25, 2017.2) The Defendant, by which the above final and conclusive judgment was rendered by this Court No. 2017TTT18848, is the executive title, and the Plaintiff (debtor) is in the Republic of Korea (third obligor).

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