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(영문) 대구고등법원 2018.07.04 2017나25681
납골당설치기수변경신고절차이행
Text

1. Revocation of the first instance judgment.

2. According to the selective claims added by this court, the Defendants shall be the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who agreed to jointly operate a charnel house with Defendant C, and the Defendant C is a representative of Defendant B, a religious organization, (hereinafter “Defendant B”).

B. Around October 2004, Defendant C built a building on the ground of the land E and F, etc. owned by Defendant C, including, but not limited to, the temple and the instant building on the land owned by Defendant C, and had the building permit granted on November 23, 2004.

C. On February 13, 2006, Defendant C, the representative of Defendant B, entered into a share transfer contract between the Plaintiff and the Plaintiff regarding the transfer of the right to 2,500 safes of safes of safes of safes of safes of safes of safes of safes of 2,50 (hereinafter “instant contract”), and the main contents are as follows.

B In the new construction and sale of a charnel house B, B, B, and C, B, a equity investor, refers to “A”, and B, a share investor shall enter into this contract with “A.”

- Article 1 – “A” shall be transferred to “B” the number of 2,500 presses of charnels in the first and second floors of a newly constructed charnel house.

Article 2 "B" shall take over 2,500 the number of the said charnel house from "A".

Since Article 3, “A” transferred to “B” the right to 2,500 the period of a charnel house in the first floor that has been transferred to “B”, “B” shall not be required to return “B”.

Article 4 "A" shall not raise an objection against the sale and transfer of 2,500 cirlss of the above charnel house to a third party.

“A”: A: The representative C of B: A

D. The Plaintiff and Defendant C, via G and H, finally contracted the construction of the temple and the instant building to I on March 2006.

I completes the above construction work on January 2007, and on February 6, 2007, with respect to each building listed in the separate sheet No. 1 (hereinafter “instant building”).

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