2. The costs of appeal are assessed against the Defendant (Appointed Party).

A. On April 16, 2015, the Plaintiff entered into a contract for the relocation of graves (hereinafter “instant contract”) with Defendant (Appointed Party) and Appointed C (hereinafter “Defendants”) (hereinafter “Appointed Party”) as indicated below.

The location of a grave: The service period for one grave (hereinafter referred to as “instant grave”) with respect to the search, agreement, relocation, etc. of one grave having the relative of the relevant remains (hereinafter referred to as “the instant grave”): From April 16, 2015 to October 16, 2015: The service cost: the service cost of five million won for flexible funeral services - the intermediate payment of one million won for the down payment on April 16, 2015 - the intermediate payment of two million won for the payment on July 16, 2015 at the request of the Defendants in accordance with the matters agreed with the relative on July 16, 2015; the remainder payment of two million won on October 16, 2015;

B. On April 16, 2015, the Plaintiff paid KRW 1 million to the Defendants the instant contract deposit.

C. On September 8, 2015, the Plaintiff, on the ground that the Defendants did not perform the instant contract, expressed his/her intent to recover the down payment by mail proving the content of the contract.

The Defendants did not complete the relocation of a grave under the instant contract until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff urged the Defendants to perform the instant contract several times, but the Defendants did not provide a consultation with the relative or cemetery owner of the instant grave and requested the return of the down payment at the time of notifying the rescission of the instant contract. As such, the Defendants are obliged to pay the down payment of one million won and the delay damages to the Plaintiff following the rescission of the instant contract.

B. The Defendant’s assertion is a grave with the right to grave base, and the Plaintiff has already consulted with the relative of the instant grave.