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(영문) 서울중앙지방법원 2020.04.17 2019가단5255198
집행문부여에 대한 이의의 소
Text

1. A notary public is a law firm D with respect to No. 397 of the deed of promissory note against the defendant's net C.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. Where a qualified acceptance report is accepted after partial dismissal is granted, an inheritor may file a lawsuit of demurrer against the grant of an execution clause, and a lawsuit of demurrer against the grant of the execution clause may only file a request for refusal of compulsory execution against the property other than the scope of the inherited property, and may not seek revocation of the succession execution clause itself or disapproval of the compulsory execution itself based on the relevant

However, as in the case of this case, a claim by a plaintiff who is an inheritor who made a qualified acceptance is deemed to include the purport of seeking non-permission of compulsory execution on property beyond the scope of inherited property among compulsory execution based on the inherited execution clause. Thus, within such limit, the plaintiff's claim is justified, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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