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(영문) 광주지방법원 2019.10.30 2019나2021
집행문부여의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Korea Asset Management Corporation filed a lawsuit against the defendant as the Gwangju District Court 2005Kadan38909, and the above court closed the pleadings on October 27, 2005 and decided November 10, 2005 with the plaintiff on November 10, 2005;

1. The defendant shall pay 11,966,285 won and 7,947,19 won among them at the rate of 19% per annum from October 11, 200 to the date of full payment, and 2,136,843 won at the rate of 28% per annum from September 22, 2003 to the date of full payment;

2. The defendant has rendered a favorable judgment in favor of the plaintiff that 1,149,435 won is 1,000 won, and the above judgment was finalized on December 24, 2005 as it is.

B. On September 18, 2012, the Plaintiff acquired claims based on the above judgment from the Korea Asset Management Corporation, and on October 19, 2018, notified the assignment of claims as the proxy of notification of assignment of claims, but was not served on the Defendant.

C. On the other hand, on October 25, 2004, the Defendant was rendered a judgment of renunciation of inheritance with the content that renounced inheritance of the deceased E’s property as the 2004Hun-Ma315 of the Gwangju District Court Decision 2004.

On January 18, 2019, the instant complaint and the notice of assignment of claims submitted by documentary evidence stating the fact of assignment of claims based on the above ruling were delivered to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, facts with respect to this court, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff is a successor to the claim based on the above judgment. Thus, the junior administrative officer of Gwangju District Court, etc. shall grant to the plaintiff a successor of the creditor indicated in the above judgment an execution clause for compulsory execution against the defendant.

3. The defendant's assertion and judgment as to it

A. The defendant's assertion was tried on October 25, 2004 to accept the report of renunciation of inheritance against the deceased E's inherited property from the Magpo District Court Branch of Gwangju District Court. Thus, the defendant's claim against the plaintiff is the deceased E's obligation.

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