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(영문) 창원지방법원진주지원 2015.05.12 2014가단12146
청구이의
Text

1. The defendant's case No. 2012Gadan7201 against the defendant's defendant's plaintiff (appointed party) and the appointed party.

Reasons

1. Facts of recognition;

A. On September 27, 2012, the Defendant filed a lawsuit seeking reimbursement against the deceased B (hereinafter “the deceased”). On September 27, 2012, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount calculated by the rate of 15% per annum from May 6, 2011 to the date of full payment” with respect to KRW 279,241,31, and KRW 148,053,192, the Defendant paid to the Plaintiff at the rate of 15% per annum from May 6, 2011 to the date of full payment, and the said judgment became final and conclusive around that time.

B. As the Deceased died on July 24, 2013 and succeeded to the Deceased, the Defendant received an execution clause on September 25, 2014 from the Plaintiff (Appointed Party) and the Appointeds.

C. Meanwhile, the Plaintiff (Appointed Party) and the designated parties reported qualified acceptance as the Jinwon District Court’s Jinju Branch Branch 2014Mo532, and the said court accepted it on November 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, since the Plaintiff (Appointed Party) and the designated parties made a qualified acceptance in relation to the deceased’s inheritance, compulsory execution based on Jinju Branch Branch of the Changwon District Court 2012Kadan7201 against the Defendant’s Plaintiff (Appointed Party) and the designated parties may not be permitted regarding the portion exceeding the scope of the property inherited from the deceased.

3. Thus, the claim of this case by the plaintiff (appointed party) and the appointed party shall be accepted on the grounds of its reasoning.

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