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(영문) 수원지방법원여주지원 2017.08.31 2017가단50756
묘지철거 및 인도 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 15, 1986 between the Plaintiffs and the Defendant, a sales contract with a content that the Plaintiffs intend to purchase approximately KRW 9,600,000,000, out of KRW 41,455,000,000 for E forest land (hereinafter “instant sales contract”).

B. On October 29, 1986, the said E- 41,455 square meters of forest was divided into 33,059 square meters of forest E, 414 square meters of forest land and 7982 square meters of forest land in this case. On January 7, 1989, the said E- 33,059 square meters of forest was divided into 5,613 square meters of forest land, G 22,157 square meters of forest land, and H 5,289 square meters of forest land.

C. On November 29, 1986, the Defendant completed the registration of ownership transfer on the ground of sale as of October 30, 1986 to Plaintiff B with respect to the above E forest No. 33,059 square meters of forest land divided by the Defendant.

On June 25, 2009, the defendant completed the registration of transfer of ownership on the ground of a donation made on June 12, 2009 to I and J, who are the defendant's children.

[Grounds for recognition: Evidence A. 1, 7, and 8 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. As to the plaintiffs' claims based on the sales contract, etc., the plaintiffs' assertion 1) and the defendant made a sales contract with the plaintiffs' purchase price of KRW 40 million including 100 square meters of E forest land and 41,455 square meters prior to the division on October 1986, including 9,000 square meters of the above land and the forest land of this case. The defendant received the balance of KRW 22 million on October 30, 1986, and at the same time sold the forest land of this case to the plaintiffs as of October 30, 1986 at the same time as the remainder payment of the forest land of this case, the letter of promise stating that "I will transfer one grave installed in the above forest as of April 15, 1987" (No. 5, hereinafter "the letter of promise of this case").

was prepared and proposed.

Since then, the plaintiffs have occupied and managed the forest land of this case.

Therefore, the defendant removes, from the plaintiffs, two graves including those installed additionally by the defendant in the forest of this case.

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