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(영문) 인천지방법원 2016.01.08 2015가단20116
집행문부여에대한 이의의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. The defendant filed a lawsuit against D with the Incheon District Court 2005da58260, seeking payment of credit card price of KRW 9,977,210, and interest thereon. On February 23, 2005, the above court made the decision of performance recommendation upon the defendant's request, which became final and conclusive on March 23, 2005.

B. D As of March 25, 2007, the Plaintiff B and C, a spouse, were co-inheritors.

C. On March 18, 2015, the chief clerk E of the Incheon District Court, upon the Defendant’s request, granted the succeeding execution clause to the Plaintiffs based on the above order of performance recommendation.

On April 6, 2015, the Plaintiffs reported the qualified acceptance of the deceased D’s property inheritance as the Incheon District Court 2015-Ma1057, and accordingly, the said court rendered a judgment accepting the said report on April 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

2. The Plaintiffs asserted that the above succession execution clause should be served on or around March 23, 2015, and came to know that the inheritance liability exists following the decision on performance recommendation of the instant case and the inheritance liability exceeds the inherited property, and the inheritance liability was reported within three months after they became aware of such fact and received a judgment on qualified acceptance by filing a report on qualified acceptance of inherited property. Therefore, compulsory execution against the Plaintiffs’ property, other than inherited property, should be denied

3. Determination

A. The adjudication on acceptance of a report on a qualified acceptance is merely a recognition of the requirements for a qualified acceptance, not a confirmation of its validity, but a final judgment on whether a qualified acceptance of a report on a qualified acceptance is effective is a matter to be decided in civil procedure in accordance with the substantive law.

(see, e.g., Supreme Court Decision 2002Da21882, Nov. 8, 2002). Meanwhile, an inheritor may make a simple acceptance, qualified acceptance, or renunciation within three months from the time of becoming aware of the commencement of inheritance. However, an inheritor, without gross negligence, without the fact that the inherited obligation exceeds the inherited property.

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