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(영문) 서울고등법원 2015.12.22 2015나2013711
소유권이전등기
Text

1. The judgment of the first instance, including the plaintiff's primary claim and the conjunctive claim added at the trial, is as follows.

Reasons

1. Basic facts

A. Defendant Foundation and Defendant D’s name under the Act on Funeral Services, Etc. (hereinafter “instant charnel”) in the name of “E” in each real estate listed in the attached list of real estate owned by the Defendant Foundation (hereinafter “instant real estate”) is a “private charnel facility.”

Business was conducted.

Pursuant to Article 15 of the Act on Funeral Services, Etc., the instant charnel has completed a report on the establishment in the name of the association of F Religious Organizations G (a church established by the Defendant Foundation; hereinafter referred to as the “G church”).

B. On May 29, 2009, the Defendants appears to have concluded the instant contract with the Plaintiff on May 29, 2009, to mean a partitioned space where the remains in the instant real estate and the charnel house are buried in the instant charnel. The Defendants sold the entire facilities established in the instant charnel and the management and business rights of the instant charnel for KRW 9 billion, including 18,000 (hereinafter “instant contract”).

The main contents of the instant sales contract are as follows.

① The Plaintiff shall pay the Defendants the remainder of KRW 900 million on the date of the contract, KRW 1.8 billion in total, and KRW 2.7 billion in the first intermediate payment, KRW 2.3 billion in the second intermediate payment until August 7, 2009, and KRW 4 billion in the remainder until September 10, 2009.

② The Defendants shall comply with the procedure for the registration of ownership transfer of the instant real estate to the Plaintiff simultaneously with the payment of the remainder from the Plaintiff.

Provided, That the change of the name of the installer may be delayed.

③ The Defendants shall deliver to the Plaintiff a certificate of right to install cremation in the instant charnel within five days after the payment of down payment and intermediate payment, which is a certificate of right to install cremation in the instant charnel.

At the same time, Chapter 4,500 and Chapter 3,500 for the second intermediate payment and Chapter 10,00 for the remainder payment, respectively.

④ Upon entering into the instant sales contract, the Defendants transferred the management and business rights of the instant charnel to the Plaintiff, and the Plaintiff also operated.

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