logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.12.06 2019나2380
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 14, 1989, the Plaintiff entered into a cemetery sale contract with the Defendant and the father of D (hereinafter “the deceased”) (hereinafter “instant cemetery sale contract”) who is engaged in the business of the park cemetery in the national cemetery in the national cemetery, such as the Inndong-si C, etc. (hereinafter “the Plaintiff”) in preparation for the death of the deceased and the father of D (hereinafter “the deceased”). After paying KRW 190,000,000 for the purchase price, the Plaintiff was sold three of the graveyards in the park cemetery (hereinafter “instant cemetery”).

B. The Deceased died on July 15, 1989, and the Plaintiff laid the body of the Deceased in the cemetery of this case.

C. On April 24, 2010, the Plaintiff’s East E and her husband F, etc. (hereinafter “E, etc.”) opened the cemetery of this case and buried the deceased’s body in a charnel house in the inn and inn and inn of the body (hereinafter “the act of excavating the deceased’s body”). D.

(1) On September 2, 2005, the Plaintiff paid 150,000 won as management expenses for the graveyard of this case from around 2010, but failed to pay management expenses from around 2010. The provisions related to the delinquency in payment of management expenses under the graveyard of this case are as follows.

(hereinafter referred to as "the pertinent provision"). [Article 3] The cemetery management expenses for five years shall be separately paid to Gap (the defendant) and Gap (the defendant) shall voluntarily transfer the management expenses for five years in default.

Provided, That it shall be paid at the time of the completion of burial in the case of cemetery deposits.

(2) Around September 24, 2018, the Defendant’s employees removed tombstones, tombstones, and tombstones installed in the instant cemetery.

(hereinafter referred to as “the act of removing an installation of the cemetery of this case”). [Grounds for recognition] / [the act of removing an installation of the cemetery of this case] / The entry or video of evidence Nos. 1, 2, 3, 5, 6, 12, and 14 (including each number of branches), and the purport of the whole pleadings.

2. Claim for damages concerning the deceased’s act of excavating the deceased’s body

A. The plaintiff's act of discovering the deceased's body of this case constitutes a tort, and in the process, the defendant neglected or neglected it, and the above act by the defendant is in this case.

arrow