1. The defendant's assignment of the money to the plaintiff by Busan District Court Branch 2015Da305081 is an executory power.

1. Facts of recognition;

A. On January 2, 2015, the Plaintiff and C filed an application for a judgment on approval of qualified acceptance with respect to inheritance with the Busan Family Court 2014-Ma4296, as an inheritor to the property of the inheritee B, who was the deceased.

(hereinafter “instant qualified acceptance judgment”). B.

The Defendant had a loan claim against the Plaintiff and C, who was the inheritor of the Plaintiff and C, the Busan District Court, filed a lawsuit claiming the amount of the loan (2015da305081) with the Plaintiff and C, and was sentenced to the judgment that received the Defendant’s claim from the said court on August 26, 2015.

(hereinafter referred to as “instant judgment”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that compulsory execution based on the original copy of the judgment of this case should be denied, since the Plaintiff was subject to the adjudication on qualified acceptance of this case.

B. In a lawsuit brought by a judgment obligee against an inheritor who inherited the inheritee’s monetary obligation, the scope of liability does not appear as a subject of adjudication if the obligor does not assert the fact of qualified acceptance, and thus, the scope of liability does not appear as a subject of adjudication as well as the reasoning thereof does not affect res judicata.

Therefore, even if the debtor did not assert the fact until the closing of argument in the lawsuit brought by the creditor as a qualified acceptance even though the debtor did not assert such fact and the decision became final and conclusive, the debtor may thereafter file a lawsuit of demurrer against the claim on the ground of the above qualified acceptance (see Supreme Court Decision 2006Da23138, Oct. 13, 2006). According to the above facts of recognition, the plaintiff is liable for the defendant only within the scope of the property inherited from B and after receiving a judgment on the qualified acceptance of this case, and compulsory execution based on the original judgment of this case is inherited from B.