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1. The Defendant’s notary public C with the Plaintiff on May 17, 2018 agreement for a monetary loan for consumption signed by the Defendant on May 17, 2018.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act of a judgment without holding any pleadings.
3. The Plaintiff asserts that, as part of the dismissal of the Plaintiff made a qualified acceptance on the deceased D’s inheritance, compulsory execution based on the instant notarial deed shall not be allowed.
However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, so long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment to fully perform the inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, since such obligation has a nature of not being able to enforce compulsory execution against the inheritor’s proprietary property, it should be clearly stated in the text of the judgment of performance that can be executed only within the scope of inherited property in order to restrict executory power.
In light of the aforementioned relevant legal principles, in cases where a qualified acceptance is accepted in a lawsuit seeking the performance of an inheritance obligation, compulsory execution based on the instant notarial deed can be conducted only within the limit of inherited property inherited from the network D in accordance with the type and content of the judgment of performance, and the purport of denying compulsory execution regarding the exceeding part is clearly stated. In light of the aforementioned legal principles, it seems reasonable to restrict the executory power by specifying that compulsory execution based on the instant notarial deed can be conducted within the limit of inherited property inherited from the network D in accordance with the text form and content of the judgment of performance.
Therefore, compulsory execution based on the notarial deed of this case is not allowed only to the part exceeding the scope of inherited property inherited from the network D, and the remainder of the plaintiff's claim exceeding the above recognition scope is dismissed as it is without merit. It is so decided as per Disposition.