부당이득금
1. Defendant (Appointed Party) B, Appointed D, E, F, G, H, I, J, K, L, M, N,O, P shall be the amount of the claim in attached Form 1 to the Plaintiff.
1. Basic facts
A. 1) The Plaintiff is a “AV cemetery” or “AW cemetery” (hereinafter “the instant park cemetery”), a park cemetery in the BU forest zone in Macheon-si, Sincheon-si (hereinafter referred to as “the instant park cemetery”) regardless of the said trade name.
AX is a person registered as a representative. AX is a person who operated the instant park cemetery and is the spouse of the Plaintiff. 2) Defendant B (Appointed Party) and the designated parties, and Defendant C have a grave for family members, including soldiers, in the instant park cemetery.
B. Macheon-si’s accusation and notification of an order to transfer illegal graveyards 1) Macheon-si’s illegal installation of the instant park cemetery by AX-si, thereby constituting the Funeral Services Act (hereinafter “ Funeral Services Act”).
On June 24, 2011, the Seoul Central District Court handed down standing timber without permission from the Minister of the Korea Forest Service, which was found to have been illegally installed and buried the instant park cemetery on the site, and sentenced a two-year imprisonment to AX for a violation of the Funeral Act (Seoul Central District Court Decision 201No1783, 14794), and subsequently dismissed all appeals and appeals of AX (Seoul High Court Decision 201No1783; Supreme Court Decision 201Do14794) on February 23, 2012. On February 23, 2012, the Seoul Central District Court confirmed the relative of a grave installed in the instant park in accordance with the relevant Act and subordinate statutes and notified the person who had been confirmed as the relative of the said grave of the order to relocate the unlawful cemetery, and thus, did not impose the enforcement fine on the said grave within the time limit of 2012, as it violated the Funeral Act.
C. 1) The Defendant (Appointed Party) B, the designated parties, and the Defendant C filed a lawsuit claiming damages against the Plaintiff, etc. due to nonperformance of obligations (Seoul Central District Court 2012Gahap518731, hereinafter referred to as “Seoul Central District Court”).