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(영문) 수원지방법원 2015.08.21 2014나38620
관리비
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. On August 21, 1980, the Plaintiff (formerly named Incorporated Foundation), a foundation, the purpose of which is to create, maintain, and manage a park cemetery, is D 140 square meters (hereinafter “instant cemetery site”) for a cemetery cemetery located in the 57 Sinpo-Eup, Chungcheongnam-si, Gwangju, to C on August 21, 1980 (hereinafter “instant cemetery site”).

A) Around that time, the Plaintiff sold in lots, and the key contents of the contract (a cemetery usage subscription form) used by the Plaintiff with its members who signed the cemetery sale contract are as follows: (a) “A” refers to the Plaintiff; and (b) “B” refers to members, respectively.

[] Article 3 (Granting of Right to Use of Permanent Ownership) of the Act provides that when full payment of the amount under Article 2 is made, a certificate of right to installation of a cemetery and the right to use permanent use shall not be transferred to others without Gap's approval: Provided, That Article 8 (Management) A bears the responsibility for the management of salary, burial, grass, parking lot, etc. as a good manager from the time when Eul acquired the right to use a grave. Article 9 (Management Expenses) of the Act shall pay management expenses to Gap on an advance-payment basis for five minutes according to the publicly notified price approved by the competent authority in the corresponding year for the management of Article 8 of the Agreement: Provided, That if the management expenses are not paid even after the lapse of the period, it shall be processed in accordance with the Foundation Management Regulations. Article 8 (Management Expenses) of the Act, upon the expiration of the period, has paid the Plaintiff the usage fees and five-year funeral management expenses for the land scheduled for the graveyard of this case.

B. The Defendants’ classification of management of the certificates of membership acquired by transfer of the land reserved for the graveyard of this case: Matters to be changed in the name of C on August 21, 80

4. The management expenses shall be re-paid at every five years counting from the date of obtaining the right of use.

5. The planting of trees or high-class trees in the cemetery shall be prohibited from planting trees in such a way as to cause damage to the collapse of the cemetery space caused by theft, fire, wind, flood, etc.;

1. The Defendants are on September 3, 1995.

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