관리비
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;
A. On April 14, 197, the Plaintiff (F, an incorporated foundation: F) entered into a management contract on the instant cemetery (hereinafter “instant cemetery management contract”) with the Defendant on the sale of one cemetery (15 square meters adjacent to the Sinsan-dong Asan-dong Asan-si, a Sinsan-si, and 15 square meters adjacent to December 30, 197; hereinafter “the instant cemetery”) and subsequently, managed the said park cemetery including the instant cemetery.
B. The defendant annually under the management contract of this case
4. An advance payment of annual management expenses was made on April 14, 1982, and the Defendant did not pay management expenses from April 14, 1982 to the present date, and the management expenses from April 14, 2013 are KRW 600,000 per annum (=40 square x 15,000 square / square).
C. On the other hand, the Defendant purchased the instant cemetery and set up a boundary stone shed around the boundary line. Since the 1980s, at the bottom of the instant cemetery and the right side adjacent to the lower end of the said cemetery, the Defendant: (a) laid the stone shed in the shape of “a” and laid down the soil above the adjoining land; and (b) thereafter, occupied and used the part within the stone shed as the base of the grave in the instant cemetery.
Around July 2008, the Plaintiff opened an access road to the surface of the instant cemetery (hereinafter “the primary act”), and around May 2015, the Plaintiff installed a concrete retaining wall on the said access road and the graveyard boundary (hereinafter “the secondary act”). As to the Plaintiff’s primary act, the Defendant filed a complaint against the Plaintiff on the charge of causing property damage and security invasion.
E. In this case’s case’s Goyang Branch 2010 Man-Ma193 decided on December 7, 2010, the above court is guilty only for the crime of the destruction of property that “the Defendant arbitrarily cuted, removed, and damaged seven trees owned by the Defendant as planted in the vicinity of the instant cemetery” among the charges charged on December 7, 2010.