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1. The judgment of Daejeon District Court rendered against the Defendants on the case of removal of graves No. 2010Kahap848.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants jointly owned 1/3 shares of each of the instant forests and fields D 39,967 square meters (hereinafter “the instant forests and fields”) installed a total of four graves. Of them, one of them was the Plaintiff’s parent, and the Plaintiff was the Plaintiff’s parent, and one of them was the instant graves (hereinafter “instant graves”).
B. On September 17, 2004, the Plaintiff and the Defendants sold the instant forest in KRW 620,000,000 to G, and on April 2006, the Plaintiff and the Defendants were responsible for the four-year graves installed in the instant forest and fields, and the Defendants concluded a sales contract with the effect that G would pay the remainder of KRW 30,000,000 (hereinafter “instant sales contract”).
G completed the registration of ownership transfer concerning the forest of this case on October 15, 2004.
C. The Defendants moved to two remaining graves except for the instant grave, but did not receive the remainder of KRW 30,00,000 from G because they failed to move to the instant grave, and the Plaintiff promised to move to the instant grave, and received a favorable judgment against the Plaintiff on January 19, 201, by filing a lawsuit against the Plaintiff, such as digging out the instant grave under the Daejeon District Court’s official branch office 2010Kahap848, and delivering the land on the ground. The said judgment (hereinafter “the judgment of removal of grave”) became final and conclusive.
The Defendants filed a claim for indemnity amounting to KRW 10,00,000, respectively, (hereinafter “claim for indemnity”) against the Plaintiff, i.e., seeking the payment of KRW 10,000,000 for the remainder of KRW 10,000,000, since the Plaintiff did not bring the instant grave back to the Daejeon District Court’s official branch office 2013 Ghana228, which had ordered the Plaintiff to move to the instant grave. However, the Defendants filed a claim for indemnity amounting to KRW 10,00,000 against the Plaintiff due to nonperformance. However, the Defendants filed a claim for indemnity amounting to KRW 10,00,000 for each remainder of damages due to nonperformance.