logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.01.14 2014가단10844
집행문부여에대한 이의
Text

1. The notary public against the defendant's network E is a monetary loan contract of No. 3732 of 2004.

Reasons

1. Facts of recognition;

A. Around May 21, 2004, E borrowed KRW 32.8 million from the Defendant as the maturity date for repayment on December 2005, a notary public, which consented to the absence of objection even if compulsory execution was conducted immediately, was drafted by the notarial deed No. 3732 of 2004 (hereinafter “notarial deed of this case”).

B. On June 5, 2013, upon the death of E (hereinafter “the deceased”) on June 5, 2013, the Plaintiff B and C, the heir of the wife A and his children, prepared a list of inherited property with the Defendant’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s debt amounting to KRW 20 million, and filed a report on the inheritance limited acceptance. On October 28, 2013, the said court received an adjudication on the acceptance of the report on qualified acceptance of qualified acceptance, and notified the above H of the decision on November 8, 2013 following the public notice on the fixed acceptance of qualified acceptance by inheritance at the daily newspapers of November 5, 2013.

C. Meanwhile, on November 19, 2013, G, an attorney-at-law in charge of notarial acts, deemed the Plaintiffs as inheritors upon the Defendant’s application for grant of succession execution clause, and granted the succeeding execution clause to the Plaintiffs (hereinafter “instant succeeding execution clause”). Based on the above succeeding execution clause, the Defendant executed a seizure on the corporeal movables owned by the Plaintiff as the principal amount of KRW 20 million on March 11, 2014, based on the said succeeding execution clause.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 to 4 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. In a case where a junior administrative officer, etc., who is an agency granting an execution clause to determine the cause of a claim, has not been found to have already received a qualified acceptance report in granting an execution clause by inheritance, or where a qualified acceptance report is accepted after the succession execution clause was granted, the inheritor shall file a lawsuit of objection against the grant of the execution clause, and enforce compulsory execution against the property other than the scope of inherited property

arrow