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(영문) 인천지방법원 2019.10.22 2018나3359
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,500,000 and its interest on May 31, 2017.

Reasons

1. Facts of recognition;

A. On December 24, 2009, C had completed the registration of ownership transfer based on a donation contract of December 16, 2009 with respect to the land E 9,917 square meters in Kimpo-si, Kimpo-si, a religious organization, on December 24, 2009. 2) D obtained permission to develop a natural burial ground on March 18, 201, with respect to the land of 4,958 square meters in the above forest, and C was in charge of the field management of woodland.

3) Thereafter, D’s approximately KRW 2,58 square meters among the aforesaid forests and fields, approximately KRW 1,165 square meters and G clans (hereinafter “G clans”) among the forest and field F in Kimpo-si, Kim Jong-si.

(4) Around December 30, 2013, the fact that a tree farm was established without obtaining permission to develop a natural burial ground for land, including approximately 425 square meters among HH forests owned, was revealed, and around December 30, 2013, permission for the development of the above natural burial ground was revoked. Accordingly, C was sentenced to a suspended sentence of one year for a violation of the Funeral Services Act, etc. in the criminal litigation proceeding with the Incheon District Court Branch Decision 2013Kadan3093, Jun. 19, 2014; thereafter, C was finalized on November 8, 2013 through the appellate court and the final appeal procedure; thereafter, C was sentenced to a judgment accepting D on November 8, 2013 the request for the cancellation registration of ownership transfer of the above forest, which was initiated by the Busan District Court Branch Branch Decision 2013Ga26519, the above judgment became final and conclusive at that time, and the procedure for the registration of ownership transfer was completed.

B. On November 27, 2013, the bereaved family members, including the Defendant, who purchased a woodland from D (1), entered into a donation contract with I on January 28, 2014 with regard to the share of 13,528/100 of the 9,917 square meters of Kimpo-si E Forest and 13,057 square meters of 13,057 square meters of the 13,057 square meters of the 13,057 square meters of the 13,057 square meters of the 13,057 square meters of the 13,000 square meters of the 24,2014.

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