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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. The plaintiff filed a claim against the defendant for delivery of remains, recovery expenses, and consolation money as the principal lawsuit, and the defendant selected the claim for restitution of unjust enrichment and reimbursement of expenses incurred in managing affairs as a counterclaim.
The first instance court accepted the plaintiff's request for the delivery of remains among the plaintiff's principal claim, rejected the claim for recovery expenses, partly accepted the claim for consolation money, and dismissed all the defendant's counterclaims.
As a result, only the defendant appealed against the part against the defendant, the scope of the judgment of this court is limited to the delivery of remains, the consolation money and the counterclaim claim.
2. The grounds that the defendant appealed in the judgment of the court of first instance and asserted in this court are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justifiable in view of the evidence newly presented by the defendant in the court of first instance, even if the evidence newly presented by the defendant
Therefore, the court's explanation on this case is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except where the defendant added the judgment as to the newly asserted part of this court as set forth in paragraph (3). Thus, this court cites it as it is in accordance with the main sentence of Article
(A) Article 2 subparag. 16 of the Act on Funeral Services, Etc., a person who actually manages the grave of this case, falls under item (h) of Article 2 of the Act on Funeral Services, Etc., under which the court, a person in charge of the grave of this case, is actually managing the grave of this case.
(hereinafter the same shall apply)
The term "relative" in Article 2 subparag. 16 of the Act on Funeral Services, Etc. means a person who is in any of the following relationship with the deceased, and the rights and duties of the relative shall be exercised in the following order:
Provided, That if two or more children or lineal descendants are in the same priority order, the oldest shall have the priority.