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(영문) 부산지방법원 2019.03.14 2018가단21384
제3자이의
Text

1. The Defendant has the executory power over the purchase price of goods at the Busan District Court 2015j953, Yangsan-si Court 2015.

Reasons

1. Basic facts

A. On October 7, 2015, the Defendant filed an application for a payment order with the Ulsan District Court Decision 2015 tea953 against the Plaintiff’s father and D (hereinafter “the deceased”) for the payment of goods. On October 7, 2015, the Defendant received the payment order (hereinafter “instant payment order”) from the said court to the Defendant jointly and severally, from September 26, 2014 to October 29, 2015, for the deceased and the deceased, from September 26, 2014 to October 29, 2015; for D, 5% per annum until November 2015; for each of them to the day of full payment.

B. As the Deceased died on April 10, 2018, the Plaintiff, E, and F (hereinafter “Plaintiff, etc.”) as co-inheritors of the Deceased filed a qualified acceptance report accompanied by the list of inherited property indicated in attached Table 2 with the Jeonju District Court 2018Ra607, Jun. 20, 2018, and the said court rendered a judgment accepting the said report (hereinafter “instant qualified acceptance”) on July 5, 2018.

C. On the other hand, on July 18, 2018, the Defendant was granted the succeeding execution clause on the instant payment order (hereinafter “instant succeeding execution clause”) with the Plaintiff et al. as his successor, and was issued a collection order on September 21, 2018 with regard to each of the claims listed in the separate sheet 1 (hereinafter “each of the claims in this case”) that the Plaintiff holds against the third obligor as the Busan District Court 2018 Tasan10751, Sept. 21, 2018.

(hereinafter “instant compulsory execution”). D.

Plaintiff

After receiving a certified copy of the instant succession execution clause, etc., the judgment was rendered on August 13, 2018 with the previous Jeju District Court 2018 businessz.162, which added the obligation based on the instant payment order (hereinafter “instant obligation”) to the list of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, each entry of evidence Nos. 5 (each number includes numbers; hereinafter the same shall apply), and the whole purport of the pleading.

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