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(영문) 광주지방법원목포지원 2016.03.16 2015가단10613
승계집행문 부여에 대한 이의
Text

1. The judgment on the Defendant’s net F in Gwangju District Court Decision 2015Kahap1101 rendered a judgment on unjust enrichment.

Reasons

1. Facts of recognition;

A. On July 9, 2015, the Defendant filed a lawsuit seeking restitution of unjust enrichment against the net F (hereinafter “F”) with the Gwangju District Court Decision 2015Gahap1101, and the said court rendered a judgment accepting the Defendant’s claim (the principal amount of the judgment was KRW 1,629,76,200, hereinafter “instant judgment”) and the instant judgment became final and conclusive August 1, 2015.

B. Meanwhile, the F died on May 19, 2015, and the F was the wife as his/her wife, and the Plaintiff B, C, D, E, etc., who is the wife, as his/her wife.

C. On August 13, 2015, Plaintiff A filed a report on the inheritance limited approval with the Gwangju Family Court 2015-Madan30074, and was tried to accept it on October 12, 2015, and Plaintiff B, C, D, E, etc. filed a report on the renunciation of inheritance with the Gwangju Family Court 2015-Ma3075 on August 13, 2015 and received a judgment to accept it on October 12, 2015.

The Defendant filed an application with the Plaintiffs for granting an execution clause for succession to the original copy of the judgment of this case, and received the succeeding execution clause as indicated in the main text of paragraph (1) of this case (hereinafter “instant succeeding execution clause”) on October 16, 2015.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Plaintiffs asserts that, as the judgment of the cause of the claim was obtained with respect to the waiver of inheritance or the recognition of the limit of inheritance, the Plaintiffs seek non-permission of compulsory execution based on the instant first succession execution clause.

A lawsuit of demurrer against a grant of execution clause is filed with the aim of preventing compulsory execution by asserting the illegality of a grant of execution clause by asserting the conditions attested at the time of granting the execution clause, succession, etc., and where the agency granting the execution clause grants the succession execution clause by inheritance, but prior thereto, a report on a qualified acceptance by an inheritor or a report on a renunciation of inheritance is accepted, in the case of an objection against the grant of the execution clause by filing a lawsuit of demurrer against the grant of the execution clause, the refusal of compulsory execution against the property other than

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