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(영문) 수원지방법원 2018.10.31 2018나58875

약정금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an incorporated foundation that creates and manages a park cemetery in the wife population C in Young-si.

B. On March 2, 1983, the Plaintiff entered into an agreement on the use of a cemetery with respect to D Graveyard 236 (hereinafter “instant cemetery”), 237 (7), and 238 (7) among D Graveyards, and the Plaintiff’s park cemetery, and established a cemetery E, which was put up by the Defendant as set forth in 237 among them, with the following terms:

The location of a cemetery to be used by Article 1 (Location; hereinafter the same shall apply) B (referring to the defendant; hereinafter the same shall apply) shall be 236,237 and 238 (21 square) of the D Graveyard and 1.260,000 won for the cemetery price, 210,000 won for the five-year management expenses, and 1.470,000 won for the cemetery price.

Article 2 (Payment Methods of Graveyard Price) The payment method for graveyard Price shall be KRW 490,00,000 as down payment on February 28, 1983, and KRW 980,000 as the remainder on March 2, 1983.

Provided, That the whole amount shall be paid in advance for the establishment of a tombstone or a memorial service.

Article 3 (Grant of Right to Use) When full payment of the amount under Article 2 has been made, the establishment of a grave and the right to permanent use shall be granted.

Provided, That it may be transferred to another person with the prior consent of Gap (referring to the plaintiff; hereinafter the same shall apply).

Article 4 (Establishment) In case where Article 4 (Establishment) (A) intends to install a grave or to bury in advance, A shall be notified 48 hours before the burial, and A shall commence work without delay.

Article 7 (Management) A shall manage the cemetery in good faith from the time when B used the cemetery, and the management expenses from the second cemetery to the expiration date shall be according to the prescribed rate recognized by the competent authority.

C. Until now, the Defendant did not install or lay a grave (including a grave) in the cemetery of this case, and the cemetery of this case is the place of reservation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion ① The Defendant, with respect to the instant cemetery, had the Plaintiff renewed the graveyard management expenses every five years and decided to advance the graveyard management expenses.

(2)