(영문) 부산지방법원 2017.07.13 2016가단350644

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(영문) 부산지방법원 2017.07.13 2016가단350644

청구이의

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1. Compulsory execution according to the mediation protocol for the loan case against the defendant's net E in Busan District Court 2006Gaso495214 is enforced.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the deceased E (hereinafter “the deceased”) for a loan claim with the Busan District Court 2006 Ghana495214. On December 22, 2006, the Defendant shall pay the Plaintiff (the Defendant) KRW 15,000,000 to the Plaintiff (the Defendant in this case) in 41 installments, which shall be paid KRW 300,000,000 and KRW 300,000 each month from April 5, 2007 to July 2010. If the Defendant fails to pay the above installment twice, the Defendant shall lose the benefit of the time, and the amount of the unpaid balance and the damages for delay calculated at the rate of KRW 20% per annum from the day after the day of loss of the benefit of time to the day of complete payment (hereinafter “instant conciliation”).

B. On March 15, 2014, the Deceased died, and the Plaintiffs, who were the spouse and children of the Deceased, jointly inherited the Deceased.

C. On May 29, 2014, the Plaintiffs filed a report on the acceptance of a qualified acceptance report with the Busan Family Court 2014-Ma1483, and received an adjudication on the acceptance of a qualified acceptance report from the above court.

On May 24, 2016, the Defendant obtained succession execution clause according to the instant conciliation protocol from the Plaintiffs.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the plaintiffs received a qualified acceptance report on the inheritance of the deceased's property, compulsory execution against the plaintiffs pursuant to the conciliation protocol of this case shall be allowed only within the scope of the plaintiffs' inherited property from the deceased, and the exceeding part shall be dismissed.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant's obligation against the defendant is not stated in the list of inherited property of the decision of acceptance of qualified acceptance of the plaintiffs, and the defendant's obligation against the defendant is not stated, and the defendant's 102-dong 1707 (hereinafter "the real estate of this case") owned by the plaintiff A is

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