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(영문) 서울동부지방법원 2014.07.11 2013가합7361
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,620,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from May 14, 2013 to July 11, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is the father E and the network F (parent), and the Defendant C is the spouse of the network G, the souther of the network E, and Defendant C and the children of Defendant C and the network G.

B. As the network E dies on April 21, 1969, the Plaintiff and his siblings, G, and H installed the network E cemetery in the forest and fields I, Y on November 21, 1974. The network G was located in the said cemetery on November 21, 1974 and transferred the 3,074 square meters of the forest and fields divided from the said forest (the forest and fields are 96 square meters of the forest and fields are currently 2778 square meters of the forest and fields; hereinafter “the forest and fields in this case”) to J due to the division on July 26, 2012. As to the forest in this case, the ownership transfer registration was completed in the future on November 25, 1974.

C. On Aug. 16, 1981, the deceased on Aug. 16, 1981, the body was buried in the deceased E’s cemetery; the deceased on Jul. 26, 1989, and his funeral was installed in the forest of this case; thereafter, the deceased H and his spouse K (the Plaintiff’s funeral) was installed in the forest of this case; and the Plaintiff, among the forest of this case, installed his funeral in the part on the land of this case (a) connected with each point of subparagraph (a) in sequence, among the forest of this case, the land of this case (hereinafter “instant funeral”; and each of the above funerals was referred to as “each of the instant burials”).

(hereinafter referred to as “the vicinity of each grave of this case” is referred to as “the cemetery of this case”.

On the other hand, on April 25, 2002, on the ground that the forest of this case was inherited on July 26, 1989 due to the consultation division, the ownership transfer registration was made in Defendant B.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion (1) The defendants set up a clan in the forest of this case to the plaintiff, and set up the ownership of the forest of this case in the forest of this case under the joint name of the defendant B, the plaintiff and the children of the deceased and the deceased H (defendant C).

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