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(영문) 수원지방법원 2018.03.29 2017나13547

약정금(관리비)

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an incorporated foundation which created and manages a park cemetery in the first place of 158-33, a new 158-ro, the mother of the wife population in Tae-si.

Defendant A is the spouse of the deceased E (hereinafter “the deceased”) who died on November 28, 2015, and Defendant B, C, and D are the children of the deceased.

B. On April 14, 1978, the Plaintiff entered into a graveyard F (30 square) among the deceased and the Plaintiff’s park cemetery, with the following content (hereinafter “instant contract”).

Article 2 (Prices) The rent for graveyard use shall be a gold million won, and the half thereof shall be paid as the down payment as follows:

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

(Specific Method of Payment omitted) Article 3 (Grant of Right of Use; hereinafter the same shall apply) Section 3 (Grant of Right of Use) shall be granted when full payment of the price under Article 2 has been made.

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 cases where Article 4 (Establishment) B is to install a grave or to install a tombstone in advance, he/she shall notify A of it 48 hours prior to the commencement of work, and A shall commence work without delay.

Provided, That in cases 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 advance the payment of the rent for five years as the management fee for the cemetery.

Article 9 (Other Matters than this Agreement) or management expenses under Article 8 shall be determined by A.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is a contract with the content that the Deceased would be granted a permanent right to use a cemetery from the Plaintiff, and that the Deceased would make advance payment of management expenses determined by the Plaintiff pursuant to Articles 9 and 7 on a five-year basis.

The plaintiff continues to maintain the park cemetery.