Plaintiff Appellants
Plaintiff
Defendant, Appellant
Defendant
April 11, 2019
The first instance judgment
Seoul Central District Court Decision 2017Da103434 Decided July 17, 2018
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
[Claim]
1. The Defendant’s compulsory execution against the Plaintiff on February 12, 2014 by the Seoul Central District Court Decision 2013 Ghana967122 Decided February 12, 2014 is denied.
2.To suspend compulsory execution based on the executory exemplification of the judgment under paragraph 1 until this judgment becomes final and conclusive.
【Purpose of Appeal】
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this Court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the following judgments as to the defendant's argument, and thus, it is acceptable in accordance with the main text
【Additional Judgment】
The defendant alleged that the plaintiff was served a written decision on performance recommendation around 2003 and was already aware of the excess of inheritance obligations at that time, so even in this regard, the plaintiff's qualified acceptance is null and void, but it is insufficient to recognize the above argument by only the descriptions of evidence Nos. 2 and 13 are insufficient, and there is no other evidence, therefore the defendant's above argument is without merit.
2. Conclusion
Therefore, the judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.
Judges Choi Ho-ho (Presiding Judge)