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(영문) 대전지방법원공주지원 2020.01.30 2019가단21339
봉안시설철거 청구의 소
Text

1. The defendant shall display the attached appraisal map (b) through (f) installed on the land size of 357 square meters of C forest in the city of public housing in the city of public housing.

Reasons

According to the facts not disputed between the parties and the whole purport of the statements and arguments in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings, the plaintiff, on October 15, 2016, purchased the purchase price of at least KRW 357 square meters of C forest land in public city owned by the defendant (hereinafter "the land in this case") from the defendant, and agreed that "transfer of graveyard shall be conducted under the seller's responsibility within one year after the transfer of the registration." On October 20, 2016, the defendant completed the registration of transfer of ownership of the land in this case. The land in this case has each net stone, rain, and rain Nos. 1 through (f) with each net stone No. 1,2,3,4,5,6, 7, 87, and 16, respectively, among the land in this case, the appraisal of the land in this case shall be deemed to have been installed.

According to the above facts, the defendant is obligated to remove the charnel facilities of this case and deliver the land of this case to the plaintiff.

(1) The defendant asserts that the removal of the charnel facilities of this case from the door D could not respond to the plaintiff's claim. However, even according to the defendant's argument, the above D door does not constitute a clan, and there is no other evidence to deem that a third party other than the defendant has the right to the charnel facilities of this case, and the reason alleged by the defendant alone is not sufficient to refuse the removal of the charnel facilities of this case). Thus, the plaintiff's claim is reasonable, and therefore, it is so decided as per Disposition by the assent to accept it.

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