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(영문) 서울서부지방법원 2016.11.03 2015가합3358

약정금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts below the basis facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 3, 7, 11, 19, 36, 43, Eul evidence Nos. 1 through 5, 8 through 11, 13, 14, 16 through 19, 23, 27, and 30.

(1) The Plaintiff and the Plaintiff’s establishment and legal relationship relationship 1) is a non-corporate group organized by members, etc. of the EM located in Yongsan-gu Seoul Metropolitan Government, on March 9, 2015, the Plaintiff was divided into 20,249 square meters of F forest land in Gwangju-si, Gwangju-si, for the purpose of creating a grave for its members and descendants, 20,514 square meters of F forest land 20,249 square meters, 1,066 square meters of P forest, 1,124 square meters, 562 square meters of Q forest, 562 square meters of R forest, 1,124 square meters of S forest, 562 square meters of land in C forest, 562 square meters of forest land, 562 square meters of land in C forest, 562 square meters of forest land, 53,43 square meters of forest land, and 2

(2) Around July 1980, a member of the Plaintiff, etc. was organized to possess and manage the instant land and the instant land and the instant building attached thereto, and Nonparty C owned and managed the instant land under title trust with Nonparty H, I, J, and K. around 1989.

3) On November 14, 201, as the title trustee of the instant land died in succession by I, K, and J, the instant land was registered as the sole owner of H on November 14, 201. On the other hand, until around December 2012, 130 graves were created on the instant land. (B) The Defendant’s establishment and transfer contract for the instant land ownership, and the conclusion of the instant land sales contract, etc. 1) the Defendant is a stock company established by Nonparty L for the purpose of the acquisition and operation of charnel houses in G, the development of the instant land, etc.

2) On February 5, 2012, the Defendant: (a) concluded a transfer contract, such as the status, authority, etc. (hereinafter “instant contract”) with the Plaintiff to pay the Plaintiff a 300-year charnel house for a charnel or a 300-year charnel house for a 300-year charnel house; and (b) to acquire the status of the establishment of G from the Plaintiff to the Plaintiff.