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(영문) 대전지방법원서산지원 2016.08.10 2015가단50905
건물철거 및 토지인도 등
Text

1. The plaintiff's claims against the defendant (appointed party) B and defendant C are all dismissed.

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

Reasons

1. Basic facts

A. 1) E entered into a sales contract between E and F on May 2, 1996, and between F on May 2, 1996, E shall indicate only the address of 9421 square meters of G forest land in Seosan-si (hereinafter “real estate location”) with F.

() A sales contract to purchase H forest land of KRW 1580 square meters, KRW 664 square meters, J forest of KRW 605 square meters, KRW 1031 square meters, KRW 734 square meters, and KRW 734 square meters, and to pay KRW 20 million on the date of the contract, KRW 30 million on May 28, 1996, and KRW 70 million on June 21, 1996 (hereinafter “instant sales contract”).

(1) At the time of the conclusion of the instant sales contract, Defendant B (Appointed Party) (hereinafter “Defendant B”) is deemed only to be Defendant B.

2) At the time of the conclusion of the instant sales contract, the following contents are stated as a special agreement:

Two graves (refinites, his/her father, and his/her father) shall be changed to the period of development.

The other all of the non-permanent cemeteries shall be made by the seller within two years from the date of the balance, and the seller shall be held liable for such legal liability.

(including Defendant B, F Joint Liability, and Expenses for Transfer)

B. On October 7, 201, Chapter 1 E of a grave: (a) removed the fourth cemetery and paid KRW 12 million for the relocation of the cemetery to M on the land subject to sale by agreement with the MM of the owners of the intangible cemetery on the land subject to sale.

At the time E and M, the following implementation agreements were prepared between E and M:

Agreement on the Implementation of Burial of Cemeteries;

1. M-owned (S-owned cemetery) cemetery four years located in the above real estate shall be transferred to M by October 15, 201.

2.The expenses relating to graveyardss shall be paid in 12 million won immediately upon completion of the preparation of this Agreement.

3. If the above arrangement (in the event of payment of costs) is not performed within the time limit, the costs already paid shall be refunded immediately, and the landowner shall not raise any civil or criminal objection even if the graveyard was disposed of at will without M’s consent.

2 Defendant B was on the land subject to sale in around 2014, and his father.

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