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(영문) 광주지방법원 2018.08.09 2018가단11621
승계집행문부여에 대한 이의
Text

1. As to the claim for loans between the non-party B and the defendant in Gwangju District Court No. 2006 Ghana215639, the above court.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. In cases where a qualified acceptance report is accepted after the grant of the partially dismissed execution clause, an inheritor may file a lawsuit of demurrer against the grant of the execution clause, and a lawsuit of demurrer against the compulsory execution against the property other than the scope of the inherited property, and may not seek revocation of the succession execution clause itself or disapproval of the compulsory execution itself based on the relevant execution title.

However, as in the case of this case, a claim by a plaintiff who is an inheritor who made a qualified acceptance is deemed to include the purport of seeking non-permission of compulsory execution on property beyond the scope of inherited property among compulsory execution based on the inherited execution clause. Thus, within such limit, the plaintiff's claim is justified, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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