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(영문) 창원지방법원밀양지원 2015.04.03 2014가합10181
기타(금전)
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 defendant is an incorporated foundation established for the purpose of the establishment, lease, maintenance, management, etc. of charnels, charnels, charnels, and charnels facilities, and is running a business of building a charnel house and leasing charnel facilities after building it on the ground of shyang C and D land.

(hereinafter referred to as “the instant charnel house”). (b) The said charnel house is collectively referred to as “the instant charnel house”).

Around July 2009, the Defendant drafted a written agreement with Nonparty E that “The Defendant acknowledges that E has invested KRW 900 million in the instant charnel development project, promised to pay it, and transferred KRW 2,000 to E in order to secure the said investment amount.”

C. On November 30, 2012, the Plaintiff entered into a bond transfer contract with the purport that E shall take over the right of sale of KRW 450 million among the instant charnel house and KRW 1000,000,000 (hereinafter “instant transfer contract”), and around that time, E notified the Defendant of the fact of transferring the said assignment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, 9 (including virtual number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver 1,000 charnel houses as shown in the attached Table to the plaintiff who acquired the right to sell 1,000 charnel houses of this case, except in extenuating circumstances.

3. The defendant's assertion and judgment

A. According to the Defendant’s assertion (1) under the Act on Funeral Services, etc., the right to sell the right to use a grave in question is prohibited since the right to sell the right to use a grave exclusively belongs to an incorporated foundation that has obtained permission for a corporate cemetery business, and thus the transfer of

(2) In addition, the instant contract transferring the right to sell a charnel house is null and void as it constitutes an act of amending the articles of incorporation as the basic property disposition of an incorporated foundation, without the permission of the competent authority.

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