1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 24, 1981, the Plaintiff and the Defendant included 45 square meters (148.5 square meters; hereinafter “the instant burial ground”) of the park cemetery 2,073 square meters in Gwangju-si and Gwangju-si (hereinafter “EM”) owned by the Plaintiff, in relation to the graveyard 2,400,000, the Defendant included five-minutes management expenses from August 24, 1981 to August 23, 1986.

The Plaintiff paid and used the instant cemetery to the Plaintiff, and during the period of its use, the Plaintiff entered into a cemetery usage agreement (hereinafter “instant cemetery use agreement”) with the purport that the Defendant shall manage the instant cemetery and pay the management expenses in advance each year.

B. The Defendant paid KRW 2,400,000 to the Plaintiff according to the instant graveyard use agreement, and thereafter, laid the Defendant’s dead-parents, grandparents, and parents’ joint funerals (hereinafter “instant graves”) in the instant cemetery.

C. On the other hand, around July 27, 2011, the Ministry of Culture, Sports and Tourism concentrated on the Friri-gu, Gwangju, where it is located, causing damage to the burial or loss of a part of the grave buried or washed out. The Plaintiff performed construction for recovery for a considerable period from around that time.

The Defendant paid management expenses by December 16, 201 after entering into the instant cemetery use contract, but paid KRW 540,000 (it refers to management expenses during the management period from August 24, 201 to August 23, 2012) around December 16, 201. Lastly, the Defendant did not pay management expenses by the date of the instant lawsuit.

Accordingly, from September 15, 2012 to March 30, 2017, the Plaintiff claimed the payment of unpaid management expenses by sending land to 15 times in total.

E. The Plaintiff expressed through the instant complaint that he/she would cancel the instant cemetery use contract on the ground of the Defendant’s nonperformance of the Defendant’s obligation to pay management expenses, and the duplicate of the instant complaint containing such intent of cancellation on June 19, 2017.