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(영문) 서울중앙지방법원 2018.11.28 2018가단42093
승계집행문부여에 대한 이의의 소
Text

1. The Defendant’s case of the Seoul Central District Court (hereinafter “Seoul Central District Court”) No. 2011Gapo2218389 Decided March 23, 2012 against the Plaintiffs.

Reasons

1. The following facts do not conflict between the Parties:

The Defendant filed a lawsuit against D against D in accordance with Seoul Central District Court Decision 201Ga2218389, and this Court rendered a judgment on March 23, 2012 that “D shall pay 18% per annum from April 19, 2011 to March 22, 2012; and 2,071,048 won per annum from March 19, 2011 to March 22, 2012 (hereinafter “instant judgment”); and the said judgment became final and conclusive around that time.

B. D’s death on June 13, 2014, and succeeded to D, the Plaintiffs, F, and G, their children, and the Defendant received an execution clause for succession from the Seoul Central District Court on April 11, 2018.

C. On May 16, 2018, the Plaintiffs filed a report on qualified acceptance with the Incheon District Court Branch Branch Decision 2018Radan598, and on July 10, 2018, the said court received the said report on qualified acceptance.

2. According to the above facts of recognition, compulsory execution based on the above succession execution clause granted in relation to the judgment of this case should not be permitted for the part exceeding the scope of each inherited property from the network D, and the decision of compulsory execution for that part should be authorized.

3. In conclusion, the plaintiffs' claim of this case is reasonable and acceptable.

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