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(영문) 서울고등법원(춘천) 2015.03.18 2014나1367
부당이득금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasons for our court’s explanation concerning this case is as stated in the part of the reasoning of the judgment of the first instance, inasmuch as the addition of the following sub-paragraph (2) is deducted, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that, in accordance with the agreement on the relocation of a grave that the Defendant entered into with the Plaintiff, the Defendant did not perform his/her duty to remove N’s grave that is the Defendant’s pilot on the instant real estate No. 1, and accordingly, the Plaintiff is obligated to return KRW 200 million paid to the Plaintiff for the removal of the grave

According to the statement of evidence Nos. 28, 31, and 8, the plaintiff's above assertion is without merit, unless it is proved that the plaintiff and the defendant are one of the graves that the plaintiff and the defendant promised to move to this Chapter.

(M) As seen above, the plaintiff and the defendant are the clans of the non-party clans, and they entered into an agreement to remove the instant real estate No. 1 and the graves for mutual assistance, such as I, J, etc., which were located on the boundary of the instant real estate No. 2. However, considering the testimony of the witness O of the party branch, N's grave is considerably away from the boundary of the instant real estate No. 1 and the instant real estate No. 2, and it can only be recognized that the defendant did not spawn at the clan level).

3. The plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are assessed against the plaintiff.

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