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(영문) 인천지방법원 2017.01.24 2016가단49947
청구이의
Text

1. The Defendant’s judgment based on the Incheon District Court Decision 2016Da1995 decided September 27, 2016 against the Plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the creditor of the deceased D (EE, death on June 25, 2013, hereinafter “the deceased”) and the Plaintiffs are the parents of the deceased.

B. As of July 17, 2015 after the death of the Deceased, the Plaintiffs reported the approval of the inheritance to the Incheon District Court as of July 17, 2015, and entered the deceased’s active property in the list of inherited property as “no”, and the obligation as to “Korean Housing Finance Corporation’s indemnity liability 41,209,927 won and its delay damages liability” was stated, and the Incheon District Court rendered a judgment accepting the report of the qualified acceptance as above on August 13, 2015.

C. On March 3, 2016, the Defendant filed a lawsuit against the Deceased seeking the payment of damages under this Court No. 2016 Ghana1995.

However, on August 30, 2016, the plaintiffs who were the inheritors of the deceased died and taken over the lawsuit, and this court rendered a judgment on August 30, 2016 that "within the scope of the property inherited from the deceased, the plaintiffs shall pay to the defendant 326,495 won per annum and 5% per annum from July 27, 2016 to September 27, 2016, and 15% per annum from the next day to the date of full payment (hereinafter "related judgment"). The above judgment became final and conclusive on October 20, 2016.

On October 18, 2016, the defendant applied for compulsory execution of corporeal movables against the plaintiffs' property by Seoul Northern District Court Decision 2016No4376, based on the final judgment of related cases, and the execution officer proceeded with the seizure procedure on the plaintiffs' property.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 3, obvious facts to this court, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the plaintiffs are responsible for the repayment of their obligations to the defendant within the scope of the property inherited from the deceased, and evidence supporting that the list of inherited property stated by the plaintiffs at the time the qualified acceptance judgment was made was made by falsity.

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