logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.04.28 2015가합11713
청구이의
Text

1. A judgment on loans made by the court 2005da19568 against the network B of the excellent mutual savings bank.

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 judgment that "the net shall pay 21% interest per annum for KRW 631,927,345 and for KRW 9,925,079 among the members, within the limit of KRW 1,651,00,00 with other debtor jointly and severally, to the arguest mutual savings bank that is located within the limit of KRW 631,927,345, and for KRW 9,925,079, the net shall be jointly and severally, from March 29, 2004, and from November 10, 2005 to the day of full payment." The above judgment was finalized on April 13, 2006.

B. The Deceased died on September 11, 201.

On December 29, 2011, the Plaintiff was one of the deceased’s successors, and was tried to waive inheritance by this Court No. 2011-Ma619.

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 chief clerk of this court deemed the Plaintiff as the deceased’s heir’s heir’s share in inheritance, and granted the succeeding execution clause (hereinafter “instant succeeding execution clause”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 to 6, the purport of 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

Inasmuch as the Plaintiff was adjudicated to waive inheritance on December 29, 201, which was before September 24, 2015, to which the instant succeeding execution clause was granted, the instant case is subject to the adjudication on the refusal of inheritance.

arrow