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(영문) 서울중앙지방법원 2020.08.27 2020가단5035208
집행문부여에 대한 이의의 소
Text

1. This is against the payment order of the Seoul Central District Court 2014Hu183651 between the defendant and the deceased E.

Reasons

1. Facts of recognition;

A. The Defendant applied for a payment order against the deceased E (hereinafter “the deceased”) seeking payment of acquisition money as Seoul Central District Court Decision 2014Hu183651, and received a payment order on August 14, 2014.

(hereinafter “instant payment order”). B.

The instant payment order was served as the deceased’s resident registration address at the time, and on October 15, 2014, the Plaintiff A received the order.

In addition, the instant payment order was finalized on October 30, 2014.

C. The Deceased died on April 18, 2017, and the Plaintiffs are co-inheritors of the Deceased’s children.

As to the instant payment order on December 11, 2019, the Defendant received a succession execution clause with the Plaintiffs’ successor as the deceased’s successor.

(hereinafter “instant succession execution clause”). (e) The instant succession execution clause.

A certified copy of the instant succession execution clause was delivered to Plaintiff B on December 17, 2019, and to Plaintiff A on December 18, 2019, respectively.

F. On December 19, 2019, immediately after receiving a certified copy of the instant inherited execution clause as above, the Plaintiffs reported a special inheritance limited acceptance as to the deceased’s inheritance on December 19, 201, under the Incheon Family Court’s 2019-Ma10493, and the said qualified acceptance declaration was accepted on February 4, 2020.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 9, and the purport of the whole pleadings

2. Where an execution creditor who made a judgment on the cause of a claim grants an execution clause to the inheritor for succession, but the inheritor is not entitled to succeed within a certain scope after filing a report on qualified acceptance for succession, the inheritor may file a lawsuit of demurrer against the grant of the execution clause by seeking a partial exclusion from the effect of the execution exemplification;

(See Supreme Court Decision 2002Da64810 Decided February 14, 2003). The fact that the Plaintiffs made a qualified acceptance on the deceased’s property inheritance is as seen earlier, barring any special circumstance, the Plaintiffs are liable for the inheritance obligations only within the limit of the property inherited from the deceased.

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