logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.26 2020나68295
분묘굴이청구등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. At the same time, the plaintiff received KRW 6 million from the plaintiff with respect to the defendant and the co-defendant D and C of the first instance trial, and the defendant and the co-defendant D of the first instance trial filed a claim with the plaintiff for the payment of KRW 20 million compensation for the damages to the plaintiff jointly and severally, the defendant, the co-defendant D and C of the first instance trial filed a claim with the plaintiff for the payment of KRW 20 million compensation for the damages to the plaintiff. The first instance court accepted only a part of the plaintiff's claim against the defendant and the remainder of the claim and the claim against the co-defendant D and C of the first instance trial respectively.

As the plaintiff and the co-defendant D and C did not appeal and only the defendant appealed on the part against which they lost, the scope of the judgment of this court is limited to the portion of the grave digging and the part of the delivery of land against the defendant.

2. The reasoning of the judgment of the court of first instance, which cited this case, is partially dismissed as follows, and the reasoning of the part against the defendant in the judgment of the court of first instance is the same as that of the part against the defendant in the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the

In the third part of the judgment of the first instance, "R forest land 2157 square meters" shall be deemed as "E forest land 2157 square meters".

3. Additional determination

A. The summary of the defendant's assertion requires L's spouse P, the highest relative of which is in accordance with the Act on Funeral Services, etc. (hereinafter "the Funeral Act") in order to excavate L's graves among the two graves in the attached Form No. 1 of the Act. Thus, even if the plaintiff is awarded a favorable judgment, there is no interest in the lawsuit because compulsory execution cannot be conducted. Since L's co-inheritors did not have the intention or ability to normally stay in the company, the plaintiff's co-inheritors determined Jeju as the plaintiff's son who was not the defendant, and the above appraisal No. C manages four graves in the part of the grave in the ship as stated in the attached Form No. 1 of the Act on Funeral Services, etc., so the defendant is the above grave.

arrow