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(영문) 서울고등법원 2014.07.09 2013나2019784
손해배상 등 청구의 소
Text

1. All appeals by the Defendants and incidental appeals by Plaintiff X are dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. 1) Defendant R’s status as the party to the instant park cemetery is collectively referred to as “AX” or “AY” (hereinafter referred to as “the instant park cemetery, irrespective of the aforementioned trade names, in the case of Macheon-si AW forest.

Defendant AS is a person operating the instant park cemetery as the wife of Defendant AR, and Defendant AS is a person registered as the representative of the instant park cemetery. Defendant ATS is an infant of Defendant AR and AS. 2) The Plaintiffs are people who live in the instant park cemetery and other family members.

B. Pocheon-si accusation and notification of an order to relocate illegal graveyardss filed an accusation against violation of the Act on Funeral Services, Etc. with the purport that Defendant AR illegally installed the instant park cemetery. Since Defendant AR cuts standing trees without permission from the Minister of the Korea Forest Service and across the site, it was sentenced to imprisonment with prison labor for a violation of the Mountainous Districts Management Act (Seoul Central District Court 201No354) and a violation of the Funeral Services Act (Act No. 2011No1783, Oct. 21, 201; Defendant R appealed appealed appealed to the Seoul High Court 201No1783, but was sentenced to dismissal of appeal on October 21, 201; Defendant 201Do14794, which became final and conclusive on December 14, 2011, which became final and conclusive on the ground that the aforementioned order to relocate the grave was already established on the ground that it had been in violation of the Act on Funeral Services.

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