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(영문) 부산지방법원 2016.11.03 2016가단35822
승계집행문부여에 대한 이의의 소
Text

1. The defendant's Busan District Court Decision 2013Kadan49783 delivered money to E is the same court.

Reasons

1. Following the facts of recognition are deemed not to have been contested by the Defendant pursuant to Article 150 of the Civil Procedure Act.

A. On January 9, 2014, the Defendant filed a lawsuit against E, etc. against Busan District Court Decision 2013Kadan49783, which became the content of “E shall pay 3,000,000 won to the Defendant” (hereinafter “the acquisition amount judgment”), which became final and conclusive around January 30, 2014.

B. Thereafter, on March 14, 2016, E died, and his heir is the Plaintiff B, C, and D, the wife, who is the Plaintiff and his child.

C. On May 17, 2016, Plaintiff A, C, and D filed a request for a waiver of inheritance with the Seoul Family Court 2016-Ma50856, and received a judgment on August 30, 2016, stating that “the Plaintiff, C, and D shall accept a report to waive inheritance of E” from the above court.

Plaintiff

B On May 17, 2016, the Seoul Family Court 2016-Ma50855 (Seoul Family Court Decision 2016-Ma5085), and was adjudicated by the above court on August 30, 2016, that “The Plaintiff shall accept the report on qualified acceptance accompanied by the list of inherited property in inheritance of E.”

E. Based on the decision of the acquisition amount, the Defendant applied for the grant of the succeeding execution clause with the Plaintiffs to the Busan District Court as the successors E, and was granted the original copy of the succeeding execution clause with the same content from the chief clerk of the same court, chief clerk, and F on June 10, 2016 (hereinafter “instant succeeding execution clause”).

2. According to the facts of recognition as to the plaintiffs' claims, since the plaintiffs' waiver of succession or acceptance of the succession limit report is accepted, compulsory execution based on the execution clause of succession of this case shall be denied against plaintiffs A, C, and D, and with respect to plaintiffs B, it shall be denied only to the part exceeding the scope of the property inherited from Eul.

Therefore, it is so decided as per Disposition by accepting the plaintiffs' claims in entirety.

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