1. The lower court’s ruling on the loan case against the Plaintiff was rendered on June 3, 2015 by Youngcheon District Court Decision 2015No682 Decided June 3, 2015.

1. Basic facts

A. On June 3, 2015, the Defendant filed a lawsuit against C for a loan claim under the Youngcheon District Court Youngcheon Branch Branch 2015Kadan682, and the above court rendered a judgment that “C shall pay to the Plaintiff 40,000,000 won with interest of 20% per annum from February 10, 2015 to the date of full payment” (hereinafter “instant judgment”), and the above judgment became final and conclusive around that time.

B. C’s death on June 10, 2018, the Defendant was granted the inheritance execution clause to the Plaintiff, D, E, and F, the heir of the instant judgment (hereinafter “the deceased”), and on October 22, 2018, upon the Plaintiff’s deposit claims against G, H, and I Credit Cooperatives, the claim attachment and collection order (Yancheon District Court Young Branch Branch Branch 2018TTB1503) regarding the deposit claims against the Plaintiff, D, E, and F.

C. On August 7, 2018, the Plaintiff filed a report on the acceptance of the succession limit under the Youngcheon District Court’s Young-gu Branch 2018 D, E, and F filed a judgment on the acceptance of the above qualified acceptance on December 31, 2018. On August 7, 2018, the Plaintiff filed a report on the renunciation of succession with the Youngcheon District Court’s Young-do Branch 2018 D, E, and F filed a report on the renunciation of succession, and received a judgment on October 2, 2018 from the same court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, the purport of the whole pleadings

2. Determination

A. In cases where an inheritance and a qualified acceptance has been made after the establishment of the executive titles, if the inheritor seeks to exclude the compulsory execution against his/her own property by claiming the qualified acceptance, the inheritor’s assertion that the subject of the qualified acceptance and the subject of the compulsory execution are the inherent property of the inheritor is insufficient, and the heir’s assertion that the debt on the executive titles is limited by the qualified acceptance is also insufficient.

As such, the claim of qualified acceptance in such cases has an element of objection to the claim seeking the restriction on the executive force itself.