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1. The original copy of a seizure order with executory power over corporeal movables C by the Daegu District Court against the plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant lent to the Plaintiff’s father D KRW 10 million on September 1, 2016, and KRW 20 million on March 20, 2017, respectively. However, D (hereinafter “the deceased”) died on March 1, 2018.
B. On April 23, 2018, the Plaintiff filed an appeal for the qualified acceptance of inheritance with E, P, or F, with the Daegu Family Court on April 23, 2018. On June 14, 2018, the Plaintiff received a decision to accept the report on qualified acceptance from the said court.
C. On May 29, 2018, the Defendant filed a lawsuit against the Plaintiff, E, and F by the Daegu District Court Decision 2018Gaso218893, and on February 14, 2019, the Defendant filed the said lawsuit against the Plaintiff and E, and on February 14, 2019, within the scope of the property inherited from the networkD to the Plaintiff (the Defendant of this case).
(a) E 12,857,142 won and 5% per annum from March 21, 2017 to December 18, 2018;
B. Defendant F and A (Plaintiffs in this case) shall pay 8,571,428 won each and 5% interest per annum from March 21, 2017 to December 17, 2018; and 15% interest per annum from the following day to the date of full payment.
"A judgment was rendered in favor of some of the contents."
The above judgment was finalized on March 12, 2019. D.
On November 5, 2019, the Defendant: (a) based on the executory exemplification of the judgment in the loan claim case No. 2018Gaso218893, the Daegu District Court rendered a seizure of movable property as to the corporeal movables listed in the separate sheet (hereinafter “instant movable property”) in the Plaintiff’s domicile as Daegu District Court C.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including branch numbers), Eul evidence 1 to 5, the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion of the parties is limited to “the right of the Defendant, a creditor of inheritance, within the scope of the property inherited from the deceased.” The instant movable attached by the Defendant is the Plaintiff’s proprietary property, and is not inherited from the deceased. Therefore, the said Daegu District Court Decision 2018Gaso218893 and C’s original copy of the attachment decision.