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(영문) 대구지방법원포항지원 2020.03.26 2019가단5794
청구이의
Text

1. It is based on the notarial deed No. 370 of March 27, 2019, drawn up by notary public E office against the defendant's network D.

Reasons

According to the facts without dispute, Gap evidence Nos. 1-7 (including the provisional number) and the overall purport of the pleadings, the defendant prepared a notarial deed as stated in paragraph (1) of the order to F under the joint and several guarantee of the network D on March 27, 2020, with the period of repayment of KRW 200 million, and the period of payment of the loan set forth in paragraph (1) above. Eul died on August 11, 2019. The plaintiff filed a report on the re-approval of inheritance with the Daegu Family Court Branch Branch Branch of the Daegu Family Court under the Order No. 2019Mo443, Oct. 31, 2019.

Therefore, as the Plaintiff is responsible for the repayment of the deceased’s obligation within the scope of the property inherited from the network D, compulsory execution based on the Defendant’s authentic deed as stated in Paragraph (1) of the Defendant’s order against D should be denied only on the part exceeding the scope of the property inherited from the network D.

However, in light of the progress of the instant lawsuit and the timing and details of filing a report on approval of succession, it is reasonable to bear the litigation costs individually.

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