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(영문) 수원지방법원여주지원이천시법원 2020.02.20 2019가단55
청구이의
Text

1.(a)

The defendant's contribution to the plaintiff A is based on the payment order of the court of Leecheon-si, 2019j291.

Reasons

In full view of the entries in Gap evidence No. 1, the entire arguments, and significant facts in this court, the defendant filed a payment order with Suwon District Court Decision 2019j291 against the plaintiffs, who are the successors of the deceased F, for the payment of loans to the defendant's net F. The above court ordered the payment order with the purport that "the defendant shall pay the defendant, the plaintiff D shall be 857,142 won, the plaintiff Eul shall be 571,429 won, the plaintiff Eul shall be 571,429 won, and the plaintiff A shall pay 15% interest per annum from the day following the delivery of the original copy of the payment order of this case to the day of complete payment (hereinafter "the above payment order of this case"). The above decision became final and conclusive, and the plaintiffs filed an inheritance approval and a declaration of renunciation of inheritance with the Suwon District Court Decision 2019Mo2066, Aug. 12, 2019.

According to the above facts of recognition, since the plaintiff A, who made a qualified acceptance of inheritance, is responsible for the repayment of the deceased's obligations within the scope of the property inherited from the deceased, compulsory execution based on the payment order of this case against the defendant against the plaintiff A shall be denied only on the part exceeding the property scope inherited from the deceased, and since the plaintiff B and D were not the deceased's heir by refusal of inheritance, compulsory execution based on the payment order of this case against the plaintiff B and D shall be denied.

Therefore, the plaintiff A's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. The plaintiff B and D's claim is reasonable, and it is so decided as per Disposition.

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