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(영문) 대전지방법원 공주지원 2018.06.20 2017가합20346

제3자이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Since December 10, 1971, D and the Defendants jointly owned E forest land E 39,967 square meters (hereinafter “instant forest”) from around December 10, 197 with one-third shares.

In the instant forest land, a total of four graves were installed. Among them, one grave of 68 square meters on the ground (Ga) section 68 square meters connected each point in the order indicated in the annexed map Nos. 1, 2, 3, 4, and 1 among them is a grave, and one grave of 68 square meters on the ground (Na) section 5, 6, 7, 8, and 5 of the same Table connects each point in order to the (Ga) section 68 square meters on the ship, one grave of 68 square meters on the ground (hereinafter “the deceased”).

(hereinafter the above two graves were combined and died on April 18, 200, while the net F was dead on April 28, 200, while the net G was dead on April 28, 200.

B. On September 17, 2004, D and the Defendants sold the forest land of this case to H for KRW 620,000,000. D and the Defendants were liable for four graves installed in the forest land of this case until April 2006, and H paid KRW 30,000,000 for the remainder left for the cemetery as equipment when all the four graves were removed.

(2) On October 15, 2004, H paid the remainder of the purchase price, excluding the above KRW 30,000,000, and completed the registration of ownership transfer concerning the forest land of this case.

C. The Defendants, based on the instant sales contract, moved the two remaining graves except for the instant grave to another place. However, as the instant grave was not raised by D, the Defendants continued to be unable to receive the remainder of KRW 30,000,000 from H due to the absence of an objection to the instant grave by D, filed a lawsuit against D by filing a lawsuit against D, including removal of a grave, to the effect that “the instant grave is excavated, and the land is handed over,” under the Daejeon District Court Decision 2010Kahap848, Jan. 19, 201, and the said judgment (hereinafter “the judgment of removal of a grave”) became final and conclusive as it is.

The Defendants are on the part of the Daejeon District Court Branch I.