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(영문) 수원지방법원평택지원 2020.11.12 2020가합10987
청구이의
Text

1. The Defendant-Counterclaim Plaintiff’s executory power over the loans case No. 2011 Gohap5181, the Liwon District Court against the network C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on July 29, 2016, and the Plaintiff is the deceased’s infant.

B. Around 2011, the Defendant filed a lawsuit against the Deceased with the Suwon District Court seeking payment of the loan amounting to KRW 201Gahap5181, and the said court rendered a judgment on April 5, 2012 that “The Deceased shall jointly and severally pay the Defendant the amount of KRW 81,253,424 and the amount calculated at the rate of KRW 2.5% per month from September 21, 201 to the date of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter “final judgment of this case”). C.

On November 24, 2016, the death of the deceased, the Plaintiff completed the registration of creation of a mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) on July 29, 2016, which was owned by the deceased. On November 30, 2016, the Plaintiff completed the registration of creation of a mortgage on the instant real estate under the name of the Plaintiff as a result of inheritance due to a division of consultations held on July 29, 2016. On November 30, 2016, the Plaintiff completed the registration of creation of a mortgage on the instant

(hereinafter “instant collateral security”). D.

On January 4, 2017, the Plaintiff filed a report on the inheritance limited recognition with the original state branch of Chuncheon District Court 2017-Mao6, along with a list of inherited property, which stated the instant real estate as active property among inherited property. On February 10, 2017, the Plaintiff received the said report from the said court.

E. On November 13, 2017, the Defendant was granted an execution clause for succession to the Plaintiff with respect to the instant final judgment from the Suwon District Court members, and accordingly, applied for a compulsory auction of the instant real estate to the Chuncheon District Court original BranchF for a compulsory auction on January 3, 2018, but the Defendant subsequently withdrawn the said request for auction.

The first auction procedure is called ‘the first auction procedure'.

(1) After January 4, 2019, the Defendant rendered the instant final judgment and the instant real estate based on the succeeding execution clause.

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