beta
Text
1. The Defendant has the executory power over the loan cases of the Daegu District Court Branch 2007 Ghana42486 against the Plaintiff.
Reasons
1. Facts of recognition;
A. D’s death on July 21, 2001, the Plaintiff (the deceased’s spouse), E, and F(the deceased’s children) as co-inheritors of the network D reported qualified acceptance under the Daegu District Court’s Family Branch Decision 2007Ra228, and the said court rendered a ruling accepting the said report on November 16, 2007.
B. Meanwhile, the Defendant filed a lawsuit against the above co-inheritors on the claim for loans of 2007Gaso42486, Seo-gu District Court Branch of the Daegu District Court on August 20, 2008, which rendered a judgment on August 20, 2008 that “within the scope of the property inherited from the network D, the Plaintiff shall pay the amount calculated at the rate of 4,285,714, E, and F KRW 2,857,143, respectively, and the amount calculated at the rate of 24% per annum from March 23, 191 to the date of full payment,” and the above judgment became final and conclusive at that time.
C. After the death of the network D on August 18, 2017, G was the mother of the network D, and the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the network G was completed on August 18, 2017 in the name of each 1/5 shares, 3/5 shares in the name of H (child of the network G), 1/5 shares in the name of each H (child of the network G), and 1/5 shares in each 1/5 shares in the name of each H (child of the network G), and each 1/5 shares in the Plaintiff’s future.
Accordingly, based on the executory exemplification of the judgment in the loans case No. 2007Gau42486, the Defendant applied for a compulsory auction for each of the instant real estates to the Seo-gu District Court Branch Branch of the Daegu District Court on September 7, 2018. On the same day, the said court rendered a decision to commence compulsory auction on September 7, 2018, and completed registration of the decision to commence compulsory auction for each of the instant real estates on the same day.
[Ground of recognition] The entry of Gap evidence 1-1-2 to Gap evidence 5-2, the purport of the whole pleadings
2. The succession to a single-sale does not succeed to the status or right of the person to whom the succession is made, but rather from the succession.