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(영문) 의정부지방법원 고양지원 2018.02.07 2016가합75879
분묘굴이금지
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) Plaintiff A is the father E and mother network F. Plaintiff B is the father of the network E and network F. Plaintiff B is the mother of Plaintiff A as the female of the network E and network F. The network G is the mother of the network E and network F, and Plaintiff A’s partner interest, Plaintiff B’s words (hereinafter “the network E, F, and G”).

(2) On May 13, 1970, the Defendant is an incorporated foundation established for the purpose of the creation, maintenance, and management, etc. of a funeral hall for senior citizens (hereinafter “instant funeral hall”). The Defendant is an operating body of the H Park Burial Institute located in Pakistan-si (hereinafter “instant funeral hall”).

B. The deceased’s grave building 1) The deceased’s grave building 1) was buried in I Burial Station within the Cemetery on June 12, 1970 after his death on June 10, 1970, and the deceased’s death on February 18, 1965, and was buried in the deceased’s cemetery on July 26, 1972, while the deceased’s death on November 22, 1994, the deceased was buried in J Burial Station within the G Burial Station within the deceased’s cemetery on November 24, 1994 as stated in the purport of the claim (hereinafter “the instant grave zone”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2, Gap evidence 4, 6, Gap evidence 7-1 through 4, Gap evidence 10, Eul evidence 1-1, Eul evidence 1-2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The plaintiffs' assertion 1) around early 1970, He paid to the defendant the amount of money equivalent to million won at the time of joint investment in the form of joint investment to the defendant, and thereafter the plaintiff A entered into a contract with the defendant for permanent sale of a grave around the beginning of 1970. Accordingly, the plaintiffs have managed each grave until now since they buried the deceased in the instant grave area. 2) The plaintiffs have the right to grave base for the instant grave area. 3 and 8, and the witness K, as the plaintiff A, a south-Nam entered into the contract with the defendant for permanent sale of a grave around the beginning of 1970.

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