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(영문) 인천지방법원 2017.01.17 2015가단229791
청구이의
Text

1. With respect to the judgment of the Incheon District Court on D's net E seeking a commitment amount claim No. 2007Gahap8590, this Court.

Reasons

1. Facts of recognition;

A. On November 29, 2007, the non-party D filed a lawsuit against the non-party D with the claim for the agreed amount of 2007Gahap8590, the Incheon District Court rendered a judgment in favor of the non-party D that "E shall pay to D 266,287,465 won per annum from September 1, 2005 to July 3, 2007, and 20% per annum from the next day to the day of full payment". The appeal was filed by E (Seoul High Court 2008Na6061), but the appellate court rendered a judgment in favor of the non-party D on October 10, 208 (Seoul High Court 2008Da84618), but the final appeal was affirmed by the Supreme Court after being sentenced to a final appeal on September 30, 209.

(hereinafter referred to as the “instant final judgment”). B.

The deceased on March 16, 2014, and the deceased on March 16, 2014, there are plaintiffs A, children, plaintiff B and non-party G, who are the wife of the deceased E.

C. On May 20, 2015, the Defendant, who is a partial successor of Nonparty F, is the Defendant: “46,937,545 won and the amount calculated by the rate of 5% per annum from September 1, 2005 to July 3, 2007, and 20% per annum from the next day to the date of complete payment” in paragraph (1) of the instant final judgment, as to “the instant succeeding execution clause for succession to the Plaintiffs and G.”

(1) On May 2, 2015, Plaintiff A and Nonparty B submitted a certified copy of the instant succession execution clause to Plaintiff B on May 22, 2015, and May 28, 2015. Meanwhile, on June 9, 2014, the Plaintiffs reported the renunciation of inheritance to renounce the deceased E’s inheritance. On November 5, 2014, the said court accepted the said report. On June 9, 2014, G, the remaining successors reported the qualified acceptance in the inheritance of the deceased E’s property, and the said court accepted the said report on the same day. 【Unfounded grounds for recognition, evidence No. 1-2, evidence No. 1-2, evidence No. 2, and evidence No. 52, No. 2, and No. 2, and No. 2, 2014.

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