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(영문) 수원지방법원여주지원양평군법원 2019.06.20 2019가단14
청구이의
Text

In the case of loans to the defendant's net E, Suwon District Court 201Gau1763 decided on the loans.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the deceased E (hereinafter “the deceased”) regarding a loan under this Court No. 2011 Ghana1763.

On September 1, 2011, this Court rendered a ruling that "the deceased shall pay to the plaintiff 20 million won and 8,832,500 won among them at the rate of 30% per annum from March 16, 2008, 9,035,000 won to the plaintiff, and the above ruling became final and conclusive on September 22, 2011."

B. The Deceased died on February 11, 2013.

The Plaintiffs were co-inheritors of the Deceased, and were tried to waive inheritance on March 15, 2013 by Sungwon District Court Branch 2013Ja-274.

C. The defendant is the above A.

As to the judgment on the claim, the deceased's heir applied for the grant of the inheritance execution clause.

On November 20, 2018, F of the Court: (a) deemed the Plaintiffs as heirs of 1/2, each deceased’s inheritance shares; and (b) granted the succeeding execution clause (hereinafter “instant succeeding execution clause”).

[Grounds for recognition] The entry of Gap 1 to 6 and the purport of the whole pleadings

2. A lawsuit of demurrer against the grant of execution clause is filed with the aim of preventing a compulsory execution by asserting the illegality of the grant of execution clause by disputing the fulfillment of the conditions attested at the time of granting the execution clause or the grounds for succession, etc., and where the agency granting the execution clause grants the succession execution clause by inheritance but the report of renunciation of inheritance by the inheritor is accepted prior thereto, a lawsuit of demurrer against the grant of the execution clause may be brought by the inheritor and seek for a refusal of compulsory execution based

On March 15, 2013, which was before November 20, 2018, granted the instant succeeding execution clause, the Plaintiffs was adjudicated to waive inheritance. As such, a compulsory execution based on the instant succeeding execution clause ought to be denied.

3. If so, the plaintiff's claim of this case is reasonable, and it is based on the execution clause of this case pursuant to Article 47 (1) and (2) of the Civil Execution Act.

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