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(영문) 서울중앙지방법원 2017.03.22 2016가합527320

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff B is a party to the instant park cemetery, regardless of the aforementioned trade name, as a park cemetery, “AU” or “AV” (hereinafter referred to as “the instant park cemetery”) within the Japanese forest zone in Macheon-si.

(2) The Defendants are those who have been registered as the representative of the Park Cemetery in this case as the wife of Plaintiff B.) The Defendants are those who live in the Park Cemetery of this case including a tombstone.

B. On October 21, 2011, the Macheon-si accused the Plaintiff B of violating the Act on Funeral Services, etc. with the purport of illegally installing the instant park cemetery. After that, the Plaintiff B, without the permission of the Minister of the Korea Forest Service, was sentenced to one year to imprisonment with prison labor for violating the Act on Funeral Services, etc., on June 24, 2011, as it was found that the instant park cemetery was installed on the site, and the site was flated, and that the private cemetery was installed by burying the body of the deceased. The Plaintiff B appealed appealed with Seoul Central District Court No. 2011No1783, but did not dismiss the appeal on October 21, 201; the Plaintiff’s appeal was made by the Seoul High Court No. 2011Do14794, Dec. 14, 2011; the Plaintiff’s judgment became final and conclusive as to the graveyard’s relation to the said grave; Defendant B’s relation to the said one.

C. Action by the Defendants, such as damages.