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(영문) 대구지방법원 김천지원 2017.04.28 2015가합666

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. (1) On August 19, 201, the Plaintiff: (a) was divided from Defendant B to E on June 18, 2015, the size of 2,540 square meters of the Gu-U.S. Forest land (890 square meters of the above forest land).

Forest land before the division is referred to as “the forest land of this case”

(2) On October 6, 201, the Plaintiff purchased the instant forest, and completed the registration of ownership transfer on the instant forest on October 6, 201. 2) At the time of the said sales contract, there were F, G, and H graves (hereinafter “instant grave”) located in the instant forest, in order to connect each point of (b) part of (b) size of 662 square meters in a ship (hereinafter “b) connected each point of the annexed drawings among the instant forest, in the order of priority indicated in the annexed drawings.

At the time of the death of F, G, and H, the instant grave was installed with the consent of I, who was the owner of the instant forest.

3) On August 24, 2012, Defendant B drafted a written confirmation that “Defendant B promised to change the instant grave in 2012 when selling the instant forest to the Plaintiff, but failed to do so in light of the circumstances, it would be removed from the period of 10 to 12 months in the future.” (B) On November 26, 2014, the Plaintiff, including the Plaintiff’s filing of a lawsuit against the Defendant B, filed a lawsuit (this Court Decision 2014GaGa1177) such as grave digging, etc., and filed a lawsuit against the Defendant B, including the Plaintiff’s filing of the lawsuit (this Court Decision 2014Da1177).” (hereinafter “relevant judgment”).

(C) On January 16, 2015, the above judgment was rendered and became final and conclusive on January 3, 2015. (C) On February 16, 2015, the Plaintiff received a decision to substitute enforcement of grave digging interest based on the original copy of the relevant judgment (this CourtJ).

2) Defendant C, etc. made a decision to suspend compulsory execution based on the relevant judgment against the Plaintiff (this Court 2015Kadan3) on the condition that it shall deposit KRW 15 million as security on April 10, 2015, on the condition that the compulsory execution based on the relevant original copy of the judgment shall be suspended until the judgment of the third party, etc. is rendered.