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(영문) 수원지방법원 2018.07.04 2017나16751
약정금(관리비)
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff, as an incorporated foundation that sells and manages cemeteries for the purpose of the installation, maintenance, and management of a park cemetery, created a so-called So-called So-called So-ri, the 67-1 Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, for the purpose

B. On January 14, 1978, the Defendant entered into a graveyard use contract with the Plaintiff (hereinafter “instant graveyard use contract”) with KRW 130,000,00 with respect to “B (70 square meters)” (the location and size are specified; hereinafter “instant graveyard”) within the Yongsan Park, and paid all the above amount.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) When the Plaintiff’s assertion entered into a contract for the use of the cemetery of this case, the Plaintiff agreed to advance the management expenses of the cemetery of this case every five years, and accordingly, the Plaintiff has paid the funeral and the deceased’s graveyard management and maintenance expenses. The Defendant did not pay the aggregate of the management expenses up to the day.

(2) It is insufficient to acknowledge that the Defendant agreed to pay the cemetery management expenses in advance every five years under the condition that only the instant cemetery use contract was entered into, solely on the basis of the descriptions of evidence Nos. 1 and 5, and there is no other evidence to acknowledge otherwise.

(1) In light of the purport of the overall statement and argument of Gap evidence Nos. 3 and Eul evidence Nos. 2, the plaintiff asserted that the defendant entered into the cemetery use contract of this case with the same content as the above, while submitting a cemetery use contract (the cemetery use contract of non-party C, a third party, and the plaintiff) for other graveyardss within the Yongsan Park. However, even if the defendant entered into the cemetery use contract of this case with the same content as the above cemetery use contract, the non-party C, a corporation of which the non-party to this case was established on April 25, 1998.

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