(영문) 전주지방법원군산지원익산시법원 2016.06.28 2015가단182

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Reasons

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(영문) 전주지방법원군산지원익산시법원 2016.06.28 2015가단182

청구이의

Text

1. The defendant's purchase price cases against the plaintiff (appointed party) and the designated parties.

Reasons

1. Indication of claim;

A. On September 6, 2005, Danam Co., Ltd. filed a payment order (this Court No. 2005Da4333) against the deceased C, and received the payment order (hereinafter “instant payment order”) from the court that “The deceased C would pay 6,275,560 won to Daehan Co., Ltd. and its delayed damages.” The instant payment order was finalized on September 28, 2005.

B. C’s death on March 19, 2013 and his wife D, the Plaintiff (Appointed Party), the Appointed Party, E, and F succeeded to the property, and the Defendant acquired the claim against the network C from Danam Co., Ltd. regarding the instant payment order on February 16, 2015.

C. Meanwhile, the Plaintiff (Appointed) and the designated parties filed a petition for adjudication on the recognition of inheritance limited to inheritance with the Jeonju District Court’s Gunsan Branch 2015-Ma153, and on March 16, 2015, the said court received the declaration of qualified acceptance from the said court.

As above, since the plaintiff (appointed party) and the designated parties were judged to approve inheritance limited acceptance, compulsory execution against the plaintiff (appointed party) and the designated parties based on the payment order of this case shall be denied only to the part exceeding the scope of the property inherited from the deceased C.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. The Plaintiff (Appointed Party) sought a judgment identical to the description in the purport of the claim, but the said compulsory execution is denied on the ground that the Plaintiff received an inheritance limited acceptance and adjudication due to the cause of the claim, and the qualified acceptance is approved on the condition that the inheritee’s obligation should be repaid within the scope of the property to be acquired by inheritance. As such, the part of the Plaintiff (Appointed Party)’s claim, which seeks to deny compulsory execution against the portion exceeding the scope of the inherited property from the deceased C, is cited.

참조조문

-민사소송법 제150조 제3항

-민사소송법 제208조 제3항 제2호

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