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(영문) 수원지방법원 2016.02.02 2015가단136537
승계집행문부여에 대한 이의의 소
Text

1. The Suwon District Court 2012Kadan 28994 decided on the Defendant’s net G is the Suwon District Court.

Reasons

Facts of recognition

On May 3, 2013, the Defendant filed a lawsuit against the deceased G (hereinafter “the deceased”) on the claim for loans by Suwon District Court 2012Kadan28994 and sentenced that “the deceased shall pay to the Defendant 79,398,869 won and the amount equivalent to 12% per annum from February 1, 2012 to June 21, 2012, and 20% per annum from the next day to the day of complete payment.” The Defendant received the judgment that “the deceased shall pay the Defendant 79,398,869 won and the amount equivalent to 20% per annum from the next day to the day of complete payment.”

5. 22. The appeal filed but the same year.

6. 18. The above judgment became final and conclusive upon the order to dismiss the petition of appeal.

The Deceased died on or around December 7, 2013, and the Plaintiff A is the wife of the Deceased, and the rest of the Plaintiffs are their children.

On March 7, 2014, the Plaintiffs reported to the Daegu Family Court on the qualified acceptance of inheritance within the limit of the property stated in the attached Table, and the same year.

3. 24. The above court 2014-Ba638 accepted the above report.

On October 5, 2015, the Defendant applied for the granting of the inheritance execution clause to the Plaintiffs on the original copy of the above judgment in order to enforce compulsory execution against the Plaintiffs, who are the inheritors of the deceased. On October 5, 2015, Suwon District Court senior court clerks and H granted the inheritance execution clause to the Plaintiffs.

[Reasons for Recognition] In a case where there is no dispute, entry in Gap's evidence 1 through 6, and a junior administrative officer, who is an authority granting an execution clause by law related to the determination of the overall purport of the pleadings, etc., has not been found to have already been approved despite the acceptance of a qualified acceptance report by an inheritor, or where a qualified acceptance report is accepted after the grant of the inheritance execution clause, the inheritor may file a lawsuit of objection against the grant of the execution clause, and file a request for refusal of compulsory execution against the property other

According to the facts of the judgment on the instant case, the instant succession execution clause, which was not reflected in the fact that the Plaintiffs, who had succeeded to the deceased, were accepted, was granted.

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