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(영문) 대구지방법원 2019.10.11 2017가단15215 (1)
문묘굴이등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 12, 2012, the Plaintiff entered into a contract with D to purchase KRW 9,917/12,158, out of KRW 12,158,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. According to the instant sales contract agreement, the Plaintiff paid down payment of KRW 150,00,000, and at the same time D completed the registration of ownership transfer for shares of KRW 9,917/12,158, out of KRW 12,158,00,000 prior to the said division to the Plaintiff. However, the instant sales contract concluded that a grave located in the part purchased after specifying the portion corresponding to the said shares was removed until January 11, 2013.

In addition, the Plaintiff agreed to pay 180,000,000 won for each of the remaining parts purchased in the payment of 330,000,000 won when it is divided into a specific portion of the purchase, and 10,000,000 won at the time of the disposal of a recreational cemetery (the funeral) and 50,000,000 won at the time of disposal of a private cemetery (the funeral funeral).

C. On September 20, 2012, C forest land of 12,158 square meters was divided into C forest land of 9,917 square meters on September 20, 201, and C forest land of 9,917 square meters was divided on January 15, 2016 and became 5,735 square meters on December 15, 2016;

D The request of G was made on December 2012, 2012, and all of the private and private cemeteries were transferred to G. The Plaintiff paid the remainder KRW 330,000,000 to D.

On the other hand, C Forest land is divided into 12,158 square meters prior to the division, which is the land prior to the division, H Forest land divided into 12,158 square meters, 3, 90 square meters, and the above 3,90 square meters of H Forest land was registered under the name of I. The Defendant completed the registration of transfer of ownership on August 12, 1990 on the ground of sale on December 13, 1963. The Defendant sold the above land to J Co., Ltd. on February 6, 2003.

E. There were five graves installed between 185 and 1972 (the Defendant’s high-rise, high-rise, scambling, scambling, scambling, scambling, and k’s accommodation; hereinafter “instant existing grave”). G, a funeral, was requested by D.

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