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(영문) 서울동부지방법원 2019.01.24 2017가단4233
묘지이장 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached appraisal map in the Gyeonggi-do Yang-gun D and the Gyeonggi-do Yangyang-gun E. 1,2,3,4,4,5,6,7.

Reasons

1. Facts of recognition;

A. On March 31, 2010, the Defendant agreed with the Plaintiff to sell KRW 200,000,000,000,000 (hereinafter “instant land”) prior to the Gyeonggi-do in Yangyang-gun owned by the Defendant to KRW 2,430,00,00, the Defendant attached a special clause to the effect that “the graveyard indicated in the current status photograph attached thereto shall be removed under the seller’s responsibility by the end of April 201, and the seller shall deposit KRW 10,00,000 with the deposit money for this Chapter.” In the event that the graveyard is not fulfilled within the agreed date, the purchaser shall be free of any deposit with the purchaser.”

(hereinafter “instant sales contract”). B.

On June 30, 2010, the Plaintiff paid the total purchase price (190,000,000 won, excluding deposit money) in accordance with the instant sales contract. On July 8, 2010, the Plaintiff completed the registration of ownership transfer pursuant to the receipt of the Suwon District Court’s two registers Offices (28416).

C. The graves, deceased tombstones, and tombstones (hereinafter “instant graveyards”) indicated in the attached status photographs are located in the part of the ship connecting each point of the attached Form No. 1,2, 3, 4, 4, 5, 6, 7, 8, 9, 10, and 1 attached to the Gyeonggi-do and the Yangyang-gun E, Gyeonggi-do, adjacent to the instant land by the State.

The defendant has not removed or removed the cemetery of this case.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 4 (including each number), each of the appraisal entrustments to the two balanced branch offices of the Korea Land Information Corporation of this Court, the witness G's testimony, the whole purport of the pleading

2. Determination

A. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant is obligated to remove the instant cemetery in accordance with the terms and conditions of the instant sales contract concluded with the Plaintiff on March 31, 2010.

As to this, the Defendant entered into a sales contract with the Plaintiff on the instant land, and agreed to the instant graveyard, which is the funeral of the dead parents, by the end of April 201.

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