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(영문) 부산지방법원 2015.05.21 2013가합20093
유골인도 및 손해배상
Text

1. Defendant B’s KRW 8,00,000 as well as 5% per annum from January 1, 2014 to May 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s mother E died on December 11, 1967 (hereinafter “the deceased”), and the deceased’s grave (hereinafter “the instant grave”) was installed in the Doo-si Forest (hereinafter “the instant forest”). Around that time, the Plaintiff continued to manage the instant grave after the deceased’s death as the son of the deceased.

B. The forest land of this case was owned by Defendant B, and Defendant B entrusted the disposal of the grave located in the said forest land to G. Since around 2010, G installed a standing signboard with the content of “I and J” in front of each grave in order to dispose of the three-year period of the said forest land, which appears to be an influence of the said forest land.

C. On September 2012, the Plaintiff reported the instant signboard to G and expressed that the instant grave was the mother-child of the Plaintiff, and that G would pay KRW 3 million to the Plaintiff. However, the Plaintiff rejected this.

On the other hand, on December 27, 2012, Defendant B sold the instant forest to K, L, and Defendant C, and on September 17, 2013, the ownership transfer registration was made in the name of Defendant C with respect to the instant forest land.

E. After the conclusion of the above sales contract, Defendant C was entrusted to M with the procedures for the treatment of graves installed in the instant forest. Accordingly, at around that time, M installed a sign board to find the main body of a grave in the vicinity of the instant forest, and made a public announcement of the opening of a grave in daily newspapers, such as Gyeongnam Newspapers, etc., and made N1 and O2 public announcement on the website of the Gyeongnam-do Office.

F. M filed an application for permission to open an unclaimed grave to the City Mayor with respect to the instant grave, in which no report was filed by the relative. On July 12, 2013, M opened the instant grave upon obtaining permission to open the grave.

Currently, the remains of the deceased are buried in the Memorial Park Burial.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 9 (including each number; hereinafter the same shall apply).

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