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(영문) 의정부지방법원고양지원 2014.12.11 2014가단27329
승계집행문부여에 대한 이의
Text

1. The original copy of the judgment in respect of the Defendant’s claim for the payment of goods against the Defendant’s net E, which is the High Government District Court Decision 2004 Ghana76319.

Reasons

1. Facts of recognition;

A. The defendant filed a lawsuit against the deceased E with this Court No. 2004Gada76319, Nov. 18, 2004, "E shall pay to the defendant the amount calculated at the rate of 20% per annum from August 19, 2004 to the date of full payment," and "the claim based on the judgment of this case is "the claim of this case".

The judgment of this case was finalized on December 18, 2004.

B. The deceased E died on January 1, 2012, and on January 5, 2012, Plaintiff D, a relative living together, reported the death of the deceased E.

C. Based on the judgment of this case, "the succeeded execution clause granted to the plaintiffs who are the successors of the network E" (hereinafter referred to as "the succeeded execution clause of this case").

(D) On May 7, 2014, each Plaintiffs’ domicile was served on May 8, 2014, and on May 2, 2014. On July 2, 2014, the Plaintiffs filed a qualified acceptance report with the Jung-gu District Court Branch Decision 2014Ra1043, Jul. 2, 2014, and was tried on October 15, 2014 to accept the qualified acceptance report. (See each entry in the evidence No. 1 through 6, and No. 8, and the purport of the entire pleadings.

2. The parties' assertion and judgment

A. The Plaintiffs asserted that, as they did not have any talk about the deceased’s obligation from the network E, they came to know that the inheritance obligation of the deceased was exceeded inherited property because they were served on or around May 2014 on the instant inherited execution clause, and that they did not know of the existence of the deceased’s obligation, they should not be subject to compulsory execution based on the instant judgment regarding the portion exceeding the scope of inherited property, since they reported the qualified acceptance on July 2, 2014, which was three months thereafter.

In regard to this, the defendant is found in the decision of this case, ① in the event that the time several months have not elapsed from the death of the deceased E immediately after the execution clause of this case was issued, which the plaintiffs acquired from Kimpo-si F apartment 506 1405.

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