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(영문) 부산지방법원 2019.07.09 2018가단15587
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the original copy of the notarial deed No. 1153 of 2011.

Reasons

1. Facts of recognition;

A. On June 30, 201, D drafted a notarial deed as set forth in Paragraph (1) of the main text stating that “D shall pay D KRW 25,00,000 to the Defendant in two-five equal installments each time from the end of July 2011 to the end of July 1, 2011, and interest shall be paid at the rate of 12% per annum, and D shall be paid at the rate of 12% per annum, and if D fails to perform the above monetary obligation immediately, it shall be recognized that there is no objection even if it is subject to compulsory execution.”

B. D’s death on March 7, 2016. On May 20, 2016, the Plaintiff, a child of D, reported on May 20, 2016, along with the list of inherited property attached thereto (Seoul Family Court 2016 saw 20165), and was adjudicated on August 2, 2016.

C. On December 11, 2017, the Defendant was granted succession execution clause with respect to the instant notarial deed and executed a seizure of the corporeal movables owned by the Plaintiff to Busan District Court E on July 30, 2018. On August 3, 2018, the Plaintiff filed an application for a suspension of compulsory execution with respect to the said movable (Dasan District Court 2018Kadan179), and on August 6, 2018, issued a decision to suspend compulsory execution to order the suspension of the said compulsory execution until the said decision is rendered.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3-2, significant facts in this court, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that compulsory execution based on the Notarial Deed of this case should be denied on the ground that the plaintiff recognized the inheritance limited qualification.

Even if a qualified acceptance is made on the basis of the qualified acceptance, the responsibility is limited to the scope of the inherited property, and the debt itself does not extinguish. Therefore, it is not allowed to seek the exclusion of general executory power on the ground of the qualified acceptance, and it is possible to seek the exclusion of executory power in the sense that the scope of executory power is limited to inherited

With respect to this case, qualified acceptance is tried on the inheritance of the Health Unit and the deceased D.

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