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1. On June 2019, the Seoul Southern District Court 201 tea5750 case against the defendant's network D based on the payment order for the goods price case.
Reasons
1. The Defendant, on May 24, 201, issued a payment order with the content that “D shall pay 1290,000 won and damages for delay at the rate of 20% per annum from June 22, 2011 to the date of full payment” from the Seoul Southern District Court (201 tea5750) to the Defendant (hereinafter “instant payment order”), and on June 17, 201, the instant payment order was finalized.
The network D died on October 14, 2012.
On April 2016, the Defendant applied for the grant of the succeeding execution clause with respect to the instant payment order by designating the Plaintiff, etc., who is the heir of the network D, as the successor of the network D, and received the succeeding execution clause from a junior administrative officer, etc. of the above court.
On August 24, 2018, the Plaintiff filed a report with Seoul Family Court 2018 Down-Ma6518 to approve inheritance, and the report was accepted on May 9, 2019.
On June 24, 2019, the Defendant received a seizure and collection order against the Plaintiff’s deposit claim (third obligor E) stated in the Plaintiff’s attached list as Seoul Southern District Court Decision 2019TTT3819, by designating the instant payment order as the executive title.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff is responsible for the performance of the deceased’s obligations only within the scope of the property inherited from the network D.
However, since the deposit claim in the attached list is not inherited property, but the plaintiff's proprietary property, barring any special circumstance, compulsory execution against the deposit claim in the attached list, which is the plaintiff's proprietary property, based on the payment order in this case, should be rejected.
3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.