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(영문) 서울중앙지방법원 2018.04.25 2017가합546496
화장유골인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Shancheon Industrial Co., Ltd. (hereinafter “Seocheon Industrial”) operated a golf course development project in the area of 67,438 square meters of woodland B in Gangseo-gun, Hongcheon-gun, Hongcheon-gun, and the C branch of the C branch of the C branch of the C branch of the C branch of the C branch of the D branch of the E (hereinafter “the clan of this case”) is a clan that is composed of the members of the E who are 18 years of age, and the plaintiff is the members of the said clan.

B. On January 9, 2006, the Sejongcheon-gun H Forest and 8,479 square meters in order to construct a golf course shall be purchased from G on January 12, 2006, and the registration of ownership transfer is completed on January 12, 2006, from I on February 17, 2006, the registration of ownership transfer is completed on February 20, 2006; the registration of ownership transfer is completed on May 19, 2006 after purchasing from K 15,857 square meters in Hongcheon-gun L, Hongcheon-gun; the registration of ownership transfer of B forest and 67,438 square meters in MM from MM on June 4, 2009.

(hereinafter referred to as “each of the instant parcels of land”)

C. On each of the instant lands, 14 graves were installed on each of the instant lands (hereinafter “each of the instant graves”). D.

The Shocheon Industrial Complex recognized each of the instant graves as a fluence grave and tried to open the grave in accordance with the procedures prescribed by the Funeral Services Act. However, the Plaintiff filed a civil petition with the Hongcheon-gun that he/she has the right to file a complaint against each of the instant graves.

E. The Sean Industries filed a lawsuit against the Plaintiff, N, etc. on the claim against the Plaintiff, the Seoul Central District Court 2012Kahap102501, such as the confirmation of the ownership, management and disposal right, and the existence of the disposition right.

On November 1, 2013, a judgment was rendered on November 1, 2013, stating that “the Plaintiff and N do not have the right to own, manage, and dispose of each of the instant graves,” and the Plaintiff and N filed an appeal against this.

F. On May 2, 2014, the Defendant entered into a real estate security trust agreement on the site of a golf course, including each of the instant land, with the Sejong District Industry, and on May 7, 2014, respectively, on the instant land.

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