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1. The part of the claim seeking the cancellation of the succeeding execution clause among the lawsuit in this case shall be dismissed.
2. Between the defendant and the deceased H.
Reasons
1. Facts of recognition;
A. On May 22, 2014, the Defendant filed a lawsuit against the non-party corporation J, K, and H seeking payment of the acquisition amount under the Seoul Central District Court Decision 2014Da10180, and on May 22, 2014, the Defendant jointly and severally rendered a judgment of 50 million won to the Plaintiff (the Defendant in this case) and 30% per annum from December 30, 1997 to November 25, 1998; 25% per annum from November 26, 1998 to April 14, 199; 23% per annum from June 14, 199 to November 5, 201; and 10% per annum from the following day to April 26, 201; and 10% per annum from November 26, 199 to April 14, 201.
(hereinafter “instant judgment”). (b)
H Deceased on July 13, 2018 (hereinafter “H”) and Plaintiff A is the wife of the Deceased, and Plaintiff B, C, D, E, and F are the children of the Deceased.
C. According to the instant judgment, the Defendant failed to apply for the grant of the succeeding execution clause with the Plaintiffs to the Seoul Central District Court as the deceased’s successor, and the senior court clerks I granted the succeeding execution clause with the same content on September 6, 2018 (hereinafter “instant succeeding execution clause”). D.
Plaintiff
A, September 17, 2018, Jeju District Court 2018 was declared to accept it on October 25, 2018, by filing a report on the inheritance limited recognition with the Jeju District Court 2018 Daehan District Court 10242.
Plaintiff
C, D, E, and F were tried on September 14, 2018 to accept the declaration of renunciation of inheritance by Jeju District Court 2018 D and Jeju District Court 10238 on October 12, 2018.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of whole pleadings]
2. Determination
A. According to the above facts, as the plaintiffs' waiver of succession or acceptance report of succession limit is accepted, compulsory execution based on the succession execution clause of this case may not be permitted for plaintiffs C, D, E, and F, and as for plaintiffs A and B, it may not be permitted only for the part exceeding the scope of the property inherited from the deceased.
B. The Plaintiffs are entitled to the instant succession execution clause.