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(영문) 서울북부지방법원 2017.01.20 2016나30768
손해배상(기)
Text

1.The judgment of the first instance, including the reduced portion in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Facts of premise;

(a) Article 23 (1) of the Act on Funeral Services, etc. of Public Cemeteries, the amount of usage fees or management fees imposed on a person who uses a public cemetery, public crematory facility, public charnel facility or public natural burial ground, the method of imposing such fees, usage fees or management expenses, and other necessary matters shall be prescribed by Municipal Ordinance of the relevant local government;

In such cases, the amount of user fees and management expenses shall be determined in consideration of land prices, expenses incurred in installing and constructing facilities, welfare promotion of local residents, etc.

In the area of 175-20 cemetery No. 68,628 square meters of Guri-si, the ownership of Defendant Guri-si, the Plaintiff’s mother’s grave (hereinafter “instant grave”) is located, and the Defendant B is an inorganic contract worker belonging to the Defendant Guri-si, and is an inorganic contract worker belonging to the Defendant Guri-si.

B. Defendant B, around the end of December 2014, has a stone stone in front of the front wing part of the said grave, and there are tombstones in the front part of the said grave, and the lower part of which is not immediately high.

The part of the tree bottom was cut without the Plaintiff’s consent or consent (see, e.g., images of each photograph of No. 5, Eul’s evidence 2-2).

C. On February 19, 2015, the Plaintiff discovered it and accused the police that “Defendant B destroyed 1 glue tree and 1 glue tree planted by the Plaintiff before 29 years.”

On March 30, 2015, the prosecutor sent the case from the police, even though he was found to have damaged 2 glue trees above the market value of Defendant B on March 30, 2015, the prosecutor suspended the prosecution on the ground that he was found to have committed a blue for fear of collapse due to tree roots as a result of the civil petition of interference with traffic.

[Ground of Recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, 3-7, Gap evidence 1, 2, 5, 7, the video and the purport of the whole pleadings

2. Determination

A. (i) The Plaintiff’s assertion against the Defendants.

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