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(영문) 수원지방법원여주지원 2016.06.15 2014가단11019
분묘기지이용권존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant shall be an incorporated foundation established for the purpose of creating, maintaining, and managing park cemeteries.

On August 29, 1988, the Plaintiff: (a) sold the cemetery 60 square meters (hereinafter “instant cemetery”) to the Defendant in the Gyeonggi-si Park Burial House (hereinafter “instant grave”) for KRW 7.80,000,000 to the Defendant; and (b) created one grave on the deceased’s body.

B. On September 2, 2014, the Plaintiff entered into a membership agreement with the Defendant on September 2, 2014, with a view to installing a grave for the birth of a decedent who died on September 1, 2014, and agreed to grant the Plaintiff the right to use a cemetery of 20 square meters (16 square meters in the SN-D zone) out of the instant cemetery, and that no contract deposit exists, the management expenses (such as graveyard remuneration, road repair, compensation for resting facilities, parking lot management, drainage, two times in the year’s burial ground, grave expenses management, etc.), five years from September 3, 2014 to September 2, 2019, the period of which was 5 years from September 3, 2014 to September 2, 2019, and 60 square meters on the special matters agreed on August 30, 198, the management contract for stone shall be concluded at KRW 800,000,000 for the five years.”

(hereinafter “this case’s membership agreement”). On September 3, 2014, the Plaintiff buried the body of a decedent and buried the body in front of the deceased’s grave located within the instant cemetery.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 7 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff had the right to use the cemetery of this case permanently, and the plaintiff was trying to install a grave in the cemetery of this case as he was suffering from the deceased's colon's wound. The defendant unilaterally stated 60,000 won as to the 7.80,00 won contracted on August 30, 198 to the membership contract of this case as "explosion" and stated that a grave shall not be installed without signing the contract, while the management of the cemetery of this case should be entrusted to the defendant, and the plaintiff uses 20,000 square meters among the cemetery of this case directly managed by the plaintiff and waives the remainder.

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