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(영문) 제주지방법원 2017.05.18 2016가합11826
청구이의
Text

With respect to the case of loans to the network B of the Exemplary Mutual Savings Bank, this Court 2005da19568.

Reasons

1. Facts of recognition;

A. The highest mutual savings bank filed a lawsuit against the network B, etc. (hereinafter “the network”) under this court’s 2005da19568.

On March 22, 2006, the court rendered a ruling that "the net shall pay 21% interest per annum to the Kest Savings Bank within the limit of KRW 1,651,00,000 jointly with other debtors, as to KRW 631,927,345 and KRW 9,925,079 among them, from March 29, 2004, KRW 137,500,000 per annum from November 10, 2005 to the day of full payment," and the above ruling became final and conclusive on April 13, 2006.

B. The Deceased died on September 11, 201.

The plaintiff and the plaintiff were co-inheritors of the deceased, and on December 29, 201, the plaintiff and the plaintiff were tried to waive inheritance by the court 2011Ja619.

C. The defendant appointed as a trustee in bankruptcy after having been declared bankrupt by the excellent mutual savings bank.

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

On September 24, 2015, the Court deemed the Plaintiff and C as the heir of each deceased’s inheritance shares, and granted the succeeding execution clause (hereinafter “instant succeeding execution clause”). D.

C filed a lawsuit of demurrer against the Defendant by this Court 2015Gahap1713, and on April 28, 2016, the judgment of winning the Plaintiff was rendered, and became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 7, purport of the whole pleadings

2. A lawsuit of demurrer against the grant of execution clause is filed with the aim of preventing 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 reasons for succession, etc., and where the granting agency grants the succession execution clause by inheritance but the report on renunciation of inheritance by the inheritor is accepted prior thereto, the lawsuit of objection against the grant of the execution clause is based upon the succession execution clause.

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