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(영문) 인천지방법원 2017.08.23 2016가단47156
청구이의
Text

1. The judgment of the Incheon District Court on the Defendant’s deceased E is based on the case of return of unjust enrichment by 2012da75603.

Reasons

1. Facts of recognition;

A. On March 8, 2013, the Defendant was sentenced to the judgment that “E shall pay to the Defendant the amount of KRW 74,250,000 and the amount calculated by the rate of 20% per annum from January 16, 2013 to the day of complete payment” (hereinafter “instant judgment”).

B. The network E died on April 5, 2015, and the Plaintiffs and F shared inheritance.

C. On April 29, 2015, the Plaintiffs reported the inheritance limited recognition by attaching the list of properties indicating positive property and small-sized property as well as the list of properties, which was rendered by the Cheongbu District Court Decision 2015Ra661, and the said court rendered a judgment on June 15, 2015.

On August 4, 2016, the Defendant was granted by the Incheon District Court the succeeding execution clause for compulsory execution against the Plaintiffs based on the instant judgment.

[Grounds for recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) since they made a qualified acceptance on the deceased E's inheritance, compulsory execution against the plaintiffs based on the judgment of this case shall not be permitted. 2) The defendant's assertion that the plaintiffs alleged that they disposed of inherited property regarding the deceased E's inheritance, concealed or consumed inherited property after the qualified acceptance, or failed to enter the inherited property on the inventory after the qualified acceptance, and there is a possibility of simple approval. Therefore, compulsory execution against the plaintiffs based on the judgment of this case shall

B. Determination: (a) On April 29, 2015, the fact that the Plaintiffs reported the inheritance limited approval of the deceased E’s inheritance with respect to the inheritance of the property to the Goyang Branch of the Jung-gu District Court on 2015 and received an adjudication on June 15, 2015 is recognized as above.

In addition, the submitted evidence alone disposes of the inherited property of the plaintiffs or conceals or consumes the inherited property by intention after the qualified acceptance.

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