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(영문) 의정부지방법원 2018.04.13 2016가단13420

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 1984, the Plaintiff entered into an agreement on the use of a cemetery with the Defendant for the sale of the ten foot cemetery cemetery, which was a deceased D’s child, and then buried the body of the deceased D’s body in the Park Cemetery operated by the Defendant in Spocheon, and installed a bridge and tombstone.

(B) Cemetery number E.

In around 1986, the Plaintiff laid the body and tombstone as it was while opening the deceased’s tomb D’s tomb.

C. On November 5, 2012, the Defendant removed the spons and tombstones by organizing the deceased D’s cemetery.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, 5, Eul evidence 7, Eul evidence 8, Eul evidence 9, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1) opened on January 11, 1986 and buried the dead body, and buried the remains in the same place on January 18, 1986. However, on November 5, 2012, the Defendant, without the Plaintiff’s consent, committed a tort to remove the body and tombstone installed in the deceased D cemetery and to damage its remains, and the Plaintiff thereby suffered emotional distress or infringed upon the right and property to make a preparation. Accordingly, the Defendant is obligated to pay consolation money to the Plaintiff. 2) Accordingly, according to the graveyard use agreement entered into with the Defendant, under the Plaintiff, the graveyard use agreement entered into with the Defendant, the Defendant was not more than 10 square meters in fact, and the Defendant continued to leave the body in compensation for the deficient area, but up to the deficient area in the year 2014.

In addition, according to the above cemetery use contract, the right to use the cemetery is permanently permanent, and even if the plaintiff who is an heir is the next cemetery, the defendant denied the right to use the cemetery in its entirety and violated the above contract by asserting that it is the head of the cemetery.

B. In order to compensate the Defendant for damages arising from illegal excavation of remains, the Plaintiff returned the deceased’s remains in the same place as before the relocation of the remains; and