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(영문) 수원지방법원 2018.06.01 2017나12889

약정금(관리비)

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are dismissed, respectively.

2. Costs of appeal.

Reasons

Basic Facts

The plaintiff is an incorporated foundation that manages and operates D in the wife population C.

Article 2 (Prices) The amount of graveyard usage shall be four million won, and a half of which shall be the down payment and shall be paid as follows:

Provided, That this refers to the establishment of a tombstone or the rhythm of a tombate.

The full amount shall be paid in the Si.

In cases where Article 4 (Establishment) of the won on October 8, 1978, KRW 500,00 won, KRW 1500,000 on November 8, 1978, KRW 100,000 on December 8, 1978, and KRW 1,000,000 on January 8, 1979 is to be installed in advance or to be buried in a tomb, a notice shall be given to A (the plaintiff; hereinafter the same shall apply) before 48 hours, and A shall commence work without delay.

Provided, That even in the case of advance production, management expenses shall be paid in advance.

Article 7 (Management) A shall manage the cemetery in good faith from the time when the cemetery was used by B, and B shall pay in advance the management expenses for the cemetery for five years as the prescribed cemetery management expenses.

Article 9 (Other Matters not included in this Agreement) or management expenses under Article 8 shall be determined by A.

On October 8, 1978, the Defendant entered into an agreement on the use of the cemetery (hereinafter “instant agreement”) between the Plaintiff and the Plaintiff on 10 square meters among D (hereinafter “instant land”).

(Evidence A Nos. 1 and 2) The agreement (hereinafter referred to as “instant agreement”) written at the time includes the following, and includes the content “free management for the next five years” on the date of its preparation:

around that time, the Defendant paid 4 million won to the Plaintiff for the use of the instant land, and did not install a grave (including a grave) on the ground of the instant land until now, and the instant land is currently managed as a redry field.

[Ground of recognition] The plaintiff did not have any dispute, as to Gap evidence Nos. 1 and 2, as to the assertion of the purport of the entire pleadings, and the plaintiff's main claim for judgment, the period of free management for the plaintiff when the defendant entered into the agreement of this case has expired.