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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 June 16, 1981, the Plaintiff entered into a cemetery use contract of KRW 2,00,000 with respect to Non-Party B (the Defendant’s mother’s death on July 2004) and “C (40 square meters)” (hereinafter “instant cemetery use contract”) within the Gan Park (the location and size are specified; hereinafter “instant cemetery”) and paid KRW 300,000 as the management fee for five years.
C. Each “D” and each “B” column is indicated in the application form for graveyard and the person who died in the cemetery register prepared and kept by the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's claim 1) The parties to the contract for the use of the cemetery of this case is the defendant's mother B, and the defendant is obligated to pay management expenses under the contract for the use of the cemetery of this case as his heir according to the above B's death. The plaintiff has been under management so far, but the defendant is obligated to pay the cemetery of this case since the sum of 10,389,200 won has not been paid until now. 2) The following circumstances are acknowledged based on the overall purport of the statement and arguments as stated in Gap's 1 and 3, i.e., the contract for the use of the cemetery of this case, the cemetery of this case, the cemetery application prepared on the day of the above contract, the cemetery registration form prepared on the day of the above contract, the non-party's name was stated in the "B" column, but the "D' as to the relation between the above B and the deceased" as the "(s)", and the "B" column for the death of the cemetery of this case as at the time of conclusion.