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1. Seoul Southern District Court Decision 2008Gahap 2008 delivered on July 16, 2010 against the Defendant’s Plaintiff (Appointed Party) and Appointeds.
Reasons
1. Basic facts
A. On July 3, 2008, the Defendant filed a lawsuit against the Plaintiff, F, and 60 others, as Seoul Southern District Court 2008Gahap12966, and on July 16, 2010, “The Plaintiff, G, and F shall jointly and severally be KRW 4,495,725, and jointly and severally KRW 17,500,000 and KRW 20% per annum for each of them from March 26, 2010 to the day of full payment. The judgment of the Plaintiff, etc. (hereinafter “the instant judgment”). At that time, the aforementioned judgment became final and conclusive as to the Selection and E.
B. On February 26, 2011, the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated parties were co-inheritors of E, who reported the qualified acceptance for inheritance of E’s property on October 17, 201, and received an adjudication on December 10, 2012 from the said court, by filing a qualified acceptance report on E’s property inheritance with the District Court Decision 2012-Ma1071, 201, and publicly announced the written adjudication on the IW.
C. On June 5, 2015, the Defendant was granted by the Seoul Southern District Court the succeeding execution clause to the Plaintiff and the designated parties regarding the instant judgment.
[Ground of recognition] Facts without dispute, Gap 1 through 6, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, compulsory execution based on the judgment of this case shall not be permitted for the part exceeding the property inherited from E by the plaintiff and the designated parties.
3. Judgment on the defendant's assertion
A. In addition to the property indicated in the list of property, the purport of the assertion, the Plaintiff, and the designated parties intentionally did not intentionally enter corporeal movables, such as Goyang-gu J, Seoyang-gu J, 610 Dong 405 (hereinafter “instant apartment”), and E-owned household effects used in daily life, at the time of qualified acceptance, and thus, it shall be deemed that the Plaintiff and the designated parties were simply approved pursuant to Article 1026 subparag. 3 of the Civil Act.