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(영문) 청주지방법원 충주지원 2018.05.15 2017가단23564

위자료

Text

1. The part of the lawsuit in the previous lawsuit in this case is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. On March 19, 2013, the Plaintiff entered into a contract with the Plaintiff under which the Plaintiff entered into a collective agreement on the lease of a nearby cemetery and its ground buildings, etc. (hereinafter “instant agreement”) by setting the deposit amount of KRW 1,000,000 and the period from March 31, 2013 to March 30, 2018 (hereinafter “instant agreement”).

The purpose of the above contract is to conclude a lease contract for the management of the funeral hall (F) of the C Religious Group (E) and the whole territory of its incidental facilities, which refers to "A" and "B" for convenience, and to enter into the lease contract as follows. During the above period, the plaintiff must prepare for the number of the non-party clans who come into operation once a year from the above land: (1) the non-party clans who come into operation once a year from the above land; (2) the funeral service for the non-party clans located on the above land shall be punished twice a year; and (3) the non-party clans who are located on the above land shall not damage or alter the facilities, etc. owned by the non-party clans.

B. Nonparty 1 filed a lawsuit (hereinafter “instant lawsuit”) claiming the delivery of a clan funeral room (hereinafter “instant building”) located in the size of 82 square meters in the ship connecting the Plaintiff in sequence of the indication of the drawing on the land of 400 m30 m30 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00 m3,00,000 m3,000 m3,000 m3,000 m3, as alleged by Nonparty 1, but on September 6, 2017, the Plaintiff violated the instant contract by installing the instant

The judgment dismissing the claim of the non-party clan was rendered on the ground that it is insufficient to recognize that the non-party clan neglected to manage the cemetery or to manage the cemetery, and the above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The argument and judgment.