logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.01.28 2014가합8345
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Korea Asset Management Corporation filed a lawsuit against B, etc. seeking payment of the acquisition amount of KRW 537,572,585 and damages for delay of KRW 221,194,737 among them, as Incheon District Court Decision 2005Gahap585 (hereinafter “instant judgment”). On September 23, 2005, the judgment accepting the claim of the Korea Asset Management Corporation in entirety was rendered (hereinafter “instant judgment”).

B. The deceased B (hereinafter “the deceased”) died on December 21, 2005, and the Plaintiff, C, D, E, F, and G (hereinafter “Plaintiff, etc.”) inherited the deceased’s property.

C. After the Defendant acquired the instant judgment claim from the Korea Asset Management Corporation, the Defendant was granted the succeeding execution clause (hereinafter “instant succeeding execution clause”) against the instant judgment in order to execute a compulsory execution against the property of the Plaintiff, etc., who is the deceased’s successor, and applied for a compulsory auction against the real estate indicated in the separate sheet (hereinafter “instant real estate”) as indicated in the Plaintiff’s ownership, and the decision to commence the compulsory auction against the said real estate was rendered on April 15, 2014.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The assertion and judgment

A. On May 1, 2014, the Plaintiff asserted that, based on the instant judgment, compulsory execution against the instant real estate, which is the Plaintiff’s inherent property, should be denied, on the grounds that the Plaintiff filed a qualified acceptance report with the Incheon District Court Branch Branch Decision 2014-Ma445, which was the qualified acceptance report and received from the said court.

B. The first sentence of Article 1019(1) of the Civil Act provides that “an inheritor may grant simple acceptance, qualified acceptance or renunciation within three months from the date on which he/she becomes aware of the commencement of inheritance,” and Article 1019(3) of the Civil Act provides that an inheritor shall not be aware of the fact that his/her inherited obligation exceeds his/her inherited property within the period prescribed in paragraph (1) without gross negligence and shall be subject to Article 1026(1) and (2)

arrow