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(영문) 서울중앙지방법원 2016.11.22 2016가단5092891
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants concluded a contract for the use of the instant park cemetery with the Plaintiff operating the AC Burial Site located AB (hereinafter “instant park cemetery”) in Macheon-si, a park cemetery, and paid its expenses (including stone expenses, etc.).

B. However, under suspicion of violating the Act on Funeral Services, etc., the Plaintiff’s husband filed an accusation against the charge of illegally installing the instant park cemetery. AD cut standing timber without permission from the Minister of the Korea Forest Service and sets the site into ordinary areas, and was sentenced to imprisonment with labor for a year by recognizing the criminal fact that a private cemetery was installed by installing the said park cemetery on the said site and burying the dead body, and violating the Mountainous Districts Management Act and the Act on Funeral Services, etc., and the judgment became final and conclusive on December 14, 201.

C. In addition, Macheon-si notified the Defendants who installed a ancient cemetery in the instant park cemetery of the purport that “a grave installed in the memorial park cemetery is installed in violation of the Act on Funeral Services, Etc., and thus, the said grave is relocated by August 27, 2012 and the enforcement fine shall be imposed if the grave is not transferred within the time limit.”

Accordingly, the Defendants filed a lawsuit against the Plaintiff for damages arising from nonperformance of the obligation under the instant park cemetery usage agreement by the Seoul Central District Court Decision 2012Ga18163, which recognized that the Plaintiff was liable for nonperformance of the obligation against the Plaintiff on April 10, 2013, the said court recognized that the Plaintiff was liable for nonperformance of the obligation against the Plaintiff on April 10, 2013, KRW 7.1 million to the Defendant B, KRW 7.3 million to the Defendant C, KRW 7.8 million to the Defendant D, KRW 8.2 million to the Defendant F, KRW 6.67 million to the Defendant F, KRW 1.1 million to the Defendant H, KRW 7.3 million to the Defendant J, KRW 7.8 million to the Defendant J, KRW 9.3 million to the Defendant K, KRW 4.3 million to the Defendant M, KRW 7.1 million to the Defendant M, KRW 7.3 million to the Defendant M, KRW 1.9 million to the Defendant H, KRW 1.3 million to the Defendant M.

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