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(영문) 서울중앙지방법원 2020.11.25 2020가단26131
청구이의
Text

1. The Defendant’s payment order issued on November 25, 2015, Seoul Central District Court 2015 tea52407, against the Plaintiff.

Reasons

1. Facts of recognition;

A. C was loaned KRW 20,000,000 from D Association on September 5, 1997

(hereinafter referred to as the “instant claim”) b.

C Around 2004, the plaintiff died, and on June 18, 2004, the plaintiff was tried to accept the report of qualified acceptance for inheritance of the net C's property from the Gangnam branch court of the Chuncheon District Court.

C. Around July 2007, the Defendant acquired the instant claim and acquired opposing power. D.

In order to receive the amount equivalent to the Plaintiff’s share of inheritance among the instant bonds, the Defendant received an order to pay the amount equivalent to the Plaintiff’s share of inheritance from the Seoul Central District Court (Seoul Central District Court) on November 25, 2015, “the Plaintiff shall pay to the Defendant 5,495,064 won and 1,142,857 won per annum from February 5, 2015 to the date of full payment.”

The above payment order against the plaintiff was finalized on May 24, 2016.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. If the inheritor has reported a qualified acceptance, the liability of a qualified acceptor for the obligation of the inheritee is limited to inherited property.

According to the above facts, since the plaintiff's liability pursuant to the above payment order is limited to the scope of the plaintiff's property inherited from the deceased C, the part that exceeds the scope of the property inherited from the deceased C among compulsory execution based on the above payment order cannot be permitted.

3. The plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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