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(영문) 춘천지방법원속초지원 2017.07.18 2016가단301334
분묘굴이
Text

1. The defendant,

A. The plaintiff A and B indicate 1, 2, 5, 6, 1 of the attached Form No. 1 among the lands listed in paragraph 1 of the real estate list.

Reasons

1. Basic facts

A. On April 8, 2014, Plaintiff A and B entered into a sales contract with the Defendant to purchase the land listed in paragraph (1) of the [Attachment A] List of Real Estate (hereinafter “land 1”) for KRW 53,000,000 for the purchase price (hereinafter “first sales contract”) and completed the registration of ownership transfer on April 15, 2014.

B. On April 8, 2014, Plaintiff C entered into a sales contract with the Defendant to purchase the land listed in paragraph (2) of the attached Table No. 2 of Real Estate List (hereinafter referred to as “second land”) in KRW 264,780,000 (hereinafter referred to as “second sales contract”; and completed the registration of ownership transfer on April 15, 2014, including the “first sales contract”.

C. On the ground of section 10 square meters (A) and section 120 square meters (B) connected in order to each point of section 1, 2, 5, 6, and 1 of the annexed drawing among the land in paragraph 1, on the ground and section 120 square meters (b) connected in order to each point of section 2, 3, 4, 5, and 2 of the annexed drawing among the land in paragraph 1 and the land in paragraph 2, there is a graveyard facility, such as a grave and a watch, under the management of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 6 through 8 (including provisional number), the purport of the whole pleadings

2. In full view of the purport of the entire pleadings in the testimony of the witness E, the Defendant is recognized to have agreed to remove the graves located in each land sold to the Plaintiffs at the time of entering into each of the instant sales contracts and remove the graveyard facilities, such as the deceased, etc.

Therefore, the defendant is obligated to excavate a grave on the ground of the part of the land No. 1 to the plaintiff A and B, who is the purchaser of the land, to excavate a grave on the ground of the land within the part of the land No. 1, to remove the cemetery facilities such as a net owner, to deliver the part of the land, to the plaintiff C, who is the purchaser of the land No. 2, to excavate a grave located on the ground of the part of the

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