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(영문) 서울중앙지방법원 2015.12.24 2014가합55708

임대차보증금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 29, 2008, the deceased A (hereinafter “the deceased”) entered into a contract for the use of a grave (hereinafter “instant grave use contract”) with I operating the H funeral hall in the name of I and the President of Ansan-gu, Ansan-si (hereinafter “instant land”) for the total of 11,000,000 won per unit among the park graveyards Nos. 4, 15, 19, 5, and 15, and 20,000 won (hereinafter “instant grave”) (hereinafter “instant grave use contract”) to use the grave use of KRW 11,00,000,000 per unit (hereinafter “instant grave use contract”) (the contract was drafted in the name of I’s wife K, the representative of H funeral hall), the down payment of KRW 1,00,000 on the date of the contract, and remitted the remainder of KRW 100,000 on February 29, 200.

B. Around 2008, the Defendant, as the owner of the instant land, prepared a written consent to land use (hereinafter “written consent to land use in this case”), stating that “The L (which was changed to June 13, 201) shall consent to use the instant land for graveyard creation business.”

C. Meanwhile, on April 21, 2009, at the bottom of the right side of the written consent to the use of the instant land, the following was additionally stated on April 21, 2009: “The consent to the use of the instant grave site on the condition that each of the instant 11 grave site (hereinafter “instant grave site”) later submit each of the instant grave site documents.”

The Deceased died on May 11, 2014, and the Plaintiffs are the inheritors of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1 to 3, Gap evidence 6, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was known to the deceased that he had concluded the instant 11 grave use contract, and the deceased consented to the use of the instant 11 grave site, but concluded a double contract with the consent to occupy and use the instant 11 grave site. Accordingly, from March 2009 to July 2009, the Defendant concluded a 4-15 of the instant 11 grave site among the instant 11 grave site.