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(영문) 춘천지방법원 2018.02.14 2017가단55387
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) married with F on February 2, 1972, resulting in Defendant D (ma), G (ma), and H (ma) and divorced from F on June 28, 1984.

B. After that, on October 4, 1984, the deceased married with the Plaintiff B and died on June 21, 1993, and a grave was installed on the 4,727 square meters prior to the Plaintiff Yangyang-gu, Gangwon-gu, Seoul (hereinafter “the dry field of this case”).

C. At around 09:00 on July 3, 2017, the Defendants laid the remains from a decedent’s grave located in the instant dry field (hereinafter “instant grave”) with poracles, etc., and buried them in neighboring pine trees.

Defendant C is the birth of the Deceased as the owner of the instant land, and is the three villages between Plaintiff A and Defendant D.

E. Although Plaintiff A filed a complaint against the Defendants for the crime of excavating a grave, on October 13, 2017, the Defendants were subject to a disposition not to have the authority to excavate a grave (Evidence of Evidence) on the ground that “the Defendants cannot be deemed to have no authority to excavate a grave.”

F. Defendant C sold the dry field of this case on July 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiffs installed the instant grave and provided volunteer protection for the said grave. Since the Defendants excavated the instant grave without the Plaintiffs’ consent, the Defendants are obligated to pay consolation money in KRW 30 million to the Plaintiffs, respectively. 2) The Defendants sold the instant dry field because Defendant C, the owner of the instant grave, was no longer able to stop the farm, and as such, Defendant C, the owner of the instant grave, was in charge of managing four of the instant graves, including the instant grave, was in contact with their relatives and were buried, and was naturally buried after discovering the grave.

The Plaintiffs are not the managers of the instant grave or the deceased.

B. The crime of excavating one grave is established.

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