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(영문) 춘천지방법원강릉지원 2017.07.18 2017가단31018
청구이의
Text

1. On April 29, 2010, a junior administrative officer of this court shall be the F in relation to the decision of 2010Kadan1322 Decided April 29, 2010 against the defendant E.

Reasons

1. Basic facts

A. On April 29, 2010, the National Federation of Fisheries Cooperatives filed a lawsuit against E seeking loans under this Court 2010da1322, and received a favorable judgment against the National Federation of Fisheries Cooperatives on April 29, 2010 that “E shall pay to the National Federation of Fisheries Cooperatives 50,652,410 won and 37,490,682 won with 18% interest per annum from January 13, 2010 to the date of full payment,” and the above judgment was finalized on May 19, 2010.

(hereinafter referred to as "the judgment of this case")

E died on June 19, 201, and the plaintiffs, the inheritor of the deceased, inherited the deceased.

C. On April 20, 2016, the Defendant was granted the succeeding execution clause to the Plaintiffs, who are the successors of E, after receiving the instant judgment claim against E by the National Federation of Fisheries Cooperatives prior to its transfer.

On April 22, 2016, the above succession execution clause was served on Plaintiff C, D, and A, and was served on Plaintiff B on May 17, 2016 by public notice.

On May 20, 2016, the Plaintiffs filed a report on the recognition of the inheritance limited status with this Court 2016-Ma214, which was accepted on July 29, 2016.

E. On February 23, 2017, the Defendant received a seizure and collection order as to the claims of Plaintiff A, C, and D based on the original copy of the instant judgment by Seoul Eastern District Court 2017TTT50961.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 through 5, and 7, the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that compulsory execution based on the judgment of this case should not be permitted since the qualified acceptance was made, and the defendant asserts that the qualified acceptance by the plaintiffs was made more than three months after they knew that the inheritance obligation exceeds the property, and thus, it does not constitute a justifiable ground for objection.

B. Determination 1 An inheritor may grant simple acceptance, qualified acceptance, or waiver within three months from the date of becoming aware of the commencement of the inheritance, provided that the inheritor did not know the fact that the inheritance obligation exceeds the inherited property without gross negligence.

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