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(영문) 서울중앙지방법원 2017.05.17 2016가단137164
청구이의
Text

1. The defendant's enforcement force against the defendant in the Seoul Central District Court 2008Gaso248381 in the case of inheritance debt amount claim.

Reasons

1. Basic facts

A. The Defendant had a credit card payment claim against the deceased D (hereinafter “the deceased”), but the deceased died on August 4, 2007, filed a lawsuit claiming inheritance debts with the Seoul Central District Court Decision 2008Gaso2483831 (hereinafter “Seoul Central District Court”) and received the judgment in favor of the Defendant on September 3, 2009 (the service for the Plaintiffs was made by public notice; hereinafter “the judgment of this case”), and around that time, the said judgment became final and conclusive.

B. On December 14, 2007, with respect to inheritance obligations due to the death of the deceased, the Plaintiffs filed an application with the Seoul Family Court for adjudication on inheritance limited recognition on the deceased 2007 Dials 9781, which was accepted on January 16, 2008.

C. On January 21, 2010, the Defendant filed a collection order with the Seoul Central District Court 2010TY 1846 against the claims such as deposit claims against the Korean Bank, etc., with the title of execution of the instant judgment, and received such order.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs of the parties are entitled to be dismissed from compulsory execution based on the judgment of this case on the grounds that they were subject to a judgment of limited acceptance of inheritance.

As to this, the defendant filed a petition for an adjudication on the inheritance limited acceptance at the time of the death date of the deceased ( August 4, 2007) and three months from the death date of the deceased, the plaintiffs shall be deemed to have been granted simple approval of the first response, and it is not so.

Even if the plaintiffs claim that within the scope of the inherited property from the deceased, they still bear the responsibility to repay the inherited property.

B. The judgment of the Family Court on acceptance of a qualified acceptance report is merely recognized as satisfying the requirements for qualified acceptance, and it does not confirm its validity, but is the final judgment on whether the qualified acceptance of inheritance is effective shall be made in civil litigation in accordance with the substantive law.

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