logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.05 2017가단533002
승계집행문부여에 대한 이의의 소
Text

1. As to the protocol of mediation of the case No. 2006Gadan113143 between the defendant and the network E, the same court is the same.

Reasons

1. Facts of recognition;

A. On March 29, 2007, the Defendant filed a lawsuit claiming a contract amount (hereinafter “instant contract amount lawsuit”) against the deceased E (hereinafter “the deceased”). On March 29, 2007, the conciliation was concluded with the main content that “the deceased shall pay KRW 35,000,000 to the Defendant by August 29, 2007, and shall pay the amount calculated by adding the amount at the rate of 20% per annum per annum to the Defendant” (hereinafter “instant conciliation”).

B. On February 14, 2016, the Deceased died, and the Plaintiff B and C, the spouse of the Deceased, jointly inherited the deceased’s property.

C. On May 17, 2017, the Defendant was granted the executory exemplification of the instant conciliation protocol with the Plaintiffs as the successors to the Deceased’s (hereinafter “instant succeeding execution clause”). Plaintiffs A and B were served on May 19, 2017, and Plaintiff C was served on May 22, 2017.

On July 14, 2017, the Plaintiffs reported the qualified acceptance to the Incheon Family Court as 2017 Ma10406. On August 10, 2017, the said court received an adjudication accepting the said qualified acceptance report (hereinafter “instant qualified acceptance”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that, without gross negligence, they were unaware of the fact that the inherited obligation exceeds inherited property within the period under Article 1019(1) of the Civil Act, and that, within three months from the date on which they became aware of such fact, compulsory execution based on the instant inherited execution clause ought to be denied only for the portion exceeding the scope of the inherited property from the deceased.

As to this, the defendant was grossly negligent in not knowing that the plaintiffs' inherited debts exceed inherited property, the report of the qualified acceptance of this case is effective.

arrow