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1. The defendant's decision on the transfer money case against the plaintiff of Gwangju District Court 2009Kacheon Branch Court 2003 was rendered.
Reasons
1. Basic facts
A. On June 10, 2009, the Promotion Mutual Savings Bank Co., Ltd. filed a lawsuit against B (hereinafter “the deceased”), against the Gwangju District Court of 2006Gau603, the High Court of Gwangju District. On June 10, 2009, the Court rendered a judgment to the effect that “B shall pay to the Defendant the amount of KRW 5,980,729 and the amount of KRW 2,39,662, calculated at the rate of 20% per annum from April 18, 2009 to the date of full payment,” and the above judgment became final and conclusive around that time.
B. On June 15, 2011, the Defendant received the claim against the Deceased from the Promotion Mutual Savings Bank Company.
C. The Deceased died on March 29, 2013, and the Plaintiff inherited the Deceased, and the Defendant was granted an execution clause on November 18, 2014 to the Plaintiff.
The Plaintiff filed a qualified acceptance report with the Gwangju Family Court 2014Sdan699, and accepted it on September 24, 2014 at the above court.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the above facts of determination, since the plaintiff qualified acceptance was made in relation to the inheritance of the deceased's property, compulsory execution based on the original judgment with executory power over the defendant's claim against the plaintiff in the Gwangju District Court 2009Gau603, the High Military Court 2009Gau 603 against the plaintiff cannot be allowed for the part exceeding the scope of the property inherited from
(A) Although the plaintiff has filed a judgment identical to the purport of the claim, the plaintiff who received the report of qualified acceptance can only file a claim for denial of compulsory execution against the portion exceeding the scope of the inherited property, and cannot file a claim for denial of executive title itself). 3. Conclusion of the plaintiff's claim is partially accepted.