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(영문) 춘천지방법원강릉지원 2020.07.22 2019가단34264
제3자이의
Text

1. The Defendant rendered a judgment 2018Gaso826 Decided February 19, 2019 against the Plaintiff, which was rendered by the Defendant for the Young-si Branch of the Chuncheon District Court.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on June 26, 2018, and the Plaintiff is the deceased’s spouse.

B. On August 21, 2018, with co-inheritors D, the Plaintiff filed a qualified acceptance report on the deceased’s property inheritance under the Youngcheon District Court Branch 2018 Madan10388, supra, and the said court rendered a judgment accepting it on December 31, 2018.

C. As a creditor against the deceased, the Defendant filed a lawsuit claiming inheritance debts against the Plaintiff, who is the inheritor of the deceased, as the court of Taecheon District Court 2018Gaso826.

On February 19, 2019, the court rendered a judgment on February 19, 2019 that “the Plaintiff shall pay to the Defendant an amount of KRW 3 million within the scope of the property inherited from the deceased and at the rate of KRW 15 percent per annum from August 30, 2018 to the date of full payment,” which became final and conclusive on March 9, 2019.

(hereinafter referred to as “the final judgment of this case”) D.

Meanwhile, on the other hand, on July 26, 2018, the Defendant was issued a provisional attachment ruling (the claim amounting to five million won) on the claim for death consolation benefits to be paid to the Plaintiff from the Republic of Korea (Gangwon Provincial Police Agency) due to the death of the Deceased (the Gangwon Provincial Police Agency) and deposited five million won as the deposited person on July 26, 2018 by designating the deposited person as the Plaintiff.

E. After that, based on the instant final judgment, the Defendant filed an application for a seizure and collection order as to KRW 3,910,241 of the total amount equivalent to the principal and interest of the judgments and costs out of each of the deposit money specified in the preceding paragraph with the Plaintiff and the third debtor as the Republic of Korea (competent district court depository), and the said court accepted it on June 5, 2019 and issued a seizure and collection order.

The compulsory execution of this case is called ‘the compulsory execution of this case'

(i) 【Disputes based on Recognition.”

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