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(영문) 서울남부지방법원 2019.11.28 2019가단227897
제3자이의
Text

1. The Defendant rendered a judgment of Suwon District Court for the Plaintiff on December 11, 2014, 2014 regarding Suwon District Court for the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff filed a petition for adjudication on the inheritance limited recognition with the Incheon District Court 2014-Ma186, which was the deceased’s child of the deceased D (hereinafter “the deceased”), and received an adjudication to accept a report on the inheritance limited recognition from the above court on February 6, 2014, and the Plaintiff publicly announced the fact of the qualified acceptance.

B. The list of inherited property attached to the written judgment on approval of succession by the Plaintiff stated that “other debts are not known,” at the end of the list of small property, stated as follows: “Other debts not verified shall also be included in the small property.”

C. The Defendant filed a lawsuit against the Plaintiff on the claim for the payment of the purchase price of goods that the Defendant is obligated to receive from the Deceased as the Suwon District Court 2014Gau2754, the Suwon District Court 2014, and the said court rendered a final judgment on December 11, 2014, stating, “The Plaintiff shall, within the limit of the property inherited from the Deceased, pay to the Defendant 4,762,901, out of KRW 1,360,829, as to KRW 3,402,072 from March 1, 2014 to December 11, 2014, the judgment of this case became final and conclusive (hereinafter “the judgment of this case”).

Based on the original copy of the instant judgment, the Defendant filed an application for seizure of the movables in the attached list in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F apartment and G (hereinafter “instant apartment”) (hereinafter “instant movables”) with the Seoul Southern District Court E, which is the Plaintiff’s domicile, and the said court execution officer seized the instant movables on May 2, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff is the deceased's heir who approved the inheritance-limited partnership, and thus the scope of the property inherited from the deceased.

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