분묘굴이 등 청구의 소
1. As to the Plaintiff’s KRW 25 million and its KRW 15 million, the Defendant shall be KRW 10 million from April 30, 2015, and KRW 10 million.
1. Basic facts
A. On September 30, 201, the Plaintiff purchased 2/5 shares from the Defendant in the amount of KRW 180,000,000,000 (hereinafter “instant forest”) out of 1643 square meters (hereinafter “the instant forest”) of the Gu-U.S. Si forest land in Gu-si (hereinafter “instant forest”) and completed the registration of ownership transfer with respect to the said shares on the same day.
B. The special terms and conditions of the instant sales contract stipulate that “the seller of the above-ground cemetery shall transfer to the entirety of the seller.”
However, around January 2, 2015, the Plaintiff spent KRW 15 million for the relocation of graves in the instant forest.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, and 6, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) Although the Defendant agreed to transfer the grave and the ground in the instant forest to another end, the Plaintiff failed to comply with the agreement, and thus the Plaintiff paid KRW 15 million as the relocation cost of the grave, and thus, the Plaintiff is obligated to pay KRW 18 million in total. In addition, since the instant forest cannot be constructed accommodation facilities, the Defendant was liable to compensate for the Plaintiff for the damages of KRW 32 million as the Plaintiff was deprived of the construction of accommodation facilities and sold the said forest to the Plaintiff. (2) The Defendant’s assertion did not have the obligation to transfer the Plaintiff to the new forest of this case, and did not deceiving the Plaintiff as to whether the instant forest of this case was constructed at the time of the instant sales contract, and the Plaintiff purchased the said forest for the purpose of constructing accommodation facilities.
The Defendant agreed to receive KRW 100 million from the Plaintiff in the event all graves located in the instant forest and field were removed, and all graves have been removed therefrom. Therefore, if the Defendant’s monetary liability exists, the said KRW 100 million claim shall be offset against the said monetary liability by the automatic claim.
B. The duty to pay for the relocation of one grave, equipment, and expenses for relocation.