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Busan District Court Decision 2014Da12580 decided October 7, 2014.
Reasons
Facts of recognition
In Busan District Court Decision 2014Kadan12580, Oct. 7, 2014, the conciliation was established on October 7, 2014, stating that “the Defendant shall pay KRW 11,000,000 to Nonparty C (the father of the Plaintiff, who died on November 7, 2014; hereinafter referred to as “the network”) to Nonparty C (the father of the Plaintiff, who died on November 7, 2014; hereinafter referred to as “the network”), and shall pay the installment in installments from December 1, 2014 to October 1, 2015; however, even once the payment of the installment is made, the conciliation was made that “the Defendant shall lose the benefit of time and pay the delayed payment by adding
(hereinafter “instant conciliation”). On January 19, 2017, in the Busan Family Court 2015Dhap20001 case of inheritance division between the deceased’s inheritors, conciliation was concluded between the Plaintiff’s sole ownership of the inherited property if the inherited property not included in the instant conciliation protocol is discovered later.
(hereinafter “Adjustment of Division of Inherited Property”). The claim under the instant conciliation protocol is not entered as inherited property in the protocol of Division of Inherited Property. The Plaintiff became aware of the existence of the instant conciliation protocol in the course of reorganization of the deceased’s property after the death.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the whole pleadings are as follows: according to the above facts of recognition, the plaintiff legally succeeded to the rights under the conciliation protocol of this case according to the division of inherited property. Thus, the Busan District Court shall grant the execution clause to the plaintiff who is the successor of the deceased for compulsory execution against the defendant.
Therefore, the plaintiff's claim of this case is justified, and the costs of lawsuit are borne by each party in consideration of the circumstances of the case. It is so decided as per Disposition.