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(영문) 수원지방법원 2015.10.15 2015가단19243

약정금

Text

1. The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The heir of the deceased G, who was the owner of the instant forest, is the Plaintiff, Defendant C, Defendant D, Defendant E, and H, who was the wife, as the wife of the deceased G.

B. On December 11, 2009, with respect to shares 6/25 out of the forest of this case due to inheritance on March 19, 1990, as to shares 6/25 out of the forest of this case, the name of the defendant C, the defendant D, the name of the defendant E, and the 4/25 shares under the name of the defendant C, the name of the defendant E, and the 1/25 shares, the ownership transfer registration was completed.

C. On November 24, 2010, the Plaintiff and the Defendants set the instant land amounting to KRW 310,000,000 for purchase price, and the sales contract (Evidence A6) prepared at the time of the sale and purchase contract was entered as the seller, but did not dispute the fact that both the Plaintiff and the Defendants had the said sales contract.

(hereinafter “instant purchase and sale contract”). The instant forest was established on the condition that the Plaintiff’s grandparents, her grandparents, and her father’s graves were removed from the instant forest.

With respect to the removal of a grave, the sales contract of this case was nonexistent due to the dispute with the plaintiff's private villages. On December 21, 2010, I obtained a provisional attachment order of KRW 15,000,000 as to the forest of this case on December 21, 2010, and the provisional attachment registration was completed on the provisional attachment order of KRW 15,00,000 as to the forest of this case, and on December 30, 2010, the Dak Jin Dok-Jin was completed on December 30, 201 as the right to claim ownership transfer registration

E. On February 14, 2011, the Plaintiff was not a grandparent of the instant grave installed in the instant forest, and thus, had a funeral company excavate the said grave at his discretion, even though there was no right to manage and dispose of the said grave. The Plaintiff was subject to criminal punishment on December 15, 201 (Seoul District Court 201No4510) (the Defendant’s District Court 201No5742) due to such criminal facts. The Plaintiff filed an appeal against the said judgment (201No5742), but the appeal was dismissed on April 5, 2012.

F. On the other hand, in the course of sale and purchase of the forest of this case, provisional attachment of graves and above woodlands is decided.