1. As to the original order for the loan case between the Plaintiff and D in Changwon District Court 2005 tea83.

Facts of recognition

A. The Plaintiff filed a payment order against D with the Changwon District Court D as the Changwon Branch Branch 2005Ra83, and received the payment order (hereinafter “instant payment order”) from the said court on January 13, 2005 to the effect that “D shall pay to the Plaintiff the amount of KRW 9,900,000 per annum 12.25% per annum from January 30, 2003 to April 30, 2004; from May 1, 2004 to December 31, 2004, 8.5% per annum from May 31, 2004; and from January 1, 2005 to the date of full payment.” The above payment order (hereinafter “instant payment order”) became final and conclusive around that time.

B. Meanwhile, on April 12, 2011, D died (hereinafter “the deceased”) and Defendant B and C, the spouse of which was the heir at the time of death, were the Defendant B and C.

In the event of a debtor's succession, which is indicated in the executive title of the judgment on the cause of the claim, the execution clause for succession may be granted for the execution against the successor. According to the above facts of recognition, a junior administrative officer shall grant the execution clause for succession to the plaintiff for the compulsory execution against the defendants, who are the deceased's successors, unless there are special circumstances.

After the Deceased’s assertion on the Defendants’ assertion died on April 12, 201, the Defendants obtained the inheritance-limited approval on May 12, 2016. Therefore, the Defendants’ succession execution clause should be granted within the scope of property inherited from the Deceased.

Judgment

According to the purport of Gap evidence No. 10 and the whole pleadings, following the death of the deceased, the Defendants, the inheritor, filed an inheritance limited acceptance petition with this court on May 2, 2016, and received an adjudication from the above court on May 12, 2016, even though they were found to have received an inheritance limited acceptance petition, the court’s adjudication on acceptance of a qualified acceptance report is recognized as satisfying the requirements for a qualified acceptance, and it does not confirm the validity thereof, but determine whether the qualified acceptance of a qualified acceptance of inheritance is effective or not.