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(영문) 창원지방법원통영지원 2014.01.17 2013가단5465
손해배상(기)
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 promoted a stone development project on three parcels, including B forest land B, 19221 square meters (hereinafter “instant land”).

B. In the process, the Defendant purchased the instant land from C, the owner of the instant land. On September 201, 201, the Defendant buried five graves including a net DD D’, located in the instant land (hereinafter “instant grave”).

C. The plaintiff is the 4 South Korea of the net D's 4 South Korea.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. (1) The plaintiff's assertion (1) caused damage to the grave of this case by intentionally digging out the grave of this case without the consent of the plaintiff who is the right to manage and dispose of the grave of this case. The defendant is obligated to pay to the plaintiff the compensation amounting to KRW 40 million in total and KRW 30 million for consolation money for property damage and mental distress suffered by the plaintiff due to the above illegal act.

(2) The Plaintiff did not have the right to manage and dispose of the instant grave since it was not a closed-down damage of Defendant D, and the Defendant buried the instant grave with the consent of the Plaintiff, who is the managing and disposal authority of the instant grave, from G Jong-gu, G Jong-gu, the managing and disposal authority of the instant grave.

B. It is reasonable to view that the right to safeguard and manage a grave of a vessel generally belongs to his/her descendants, where there is a misunderstanding of judgment.

(See Supreme Court Decision 9Da14006 delivered on September 26, 2000). According to the above facts, the plaintiff did not have the right to manage and dispose of the grave of this case since it did not have the right to manage and dispose of the grave of this case, since it did not have the right to manage and dispose of the grave of this case in the south of the net F. D.

As to this, the plaintiff is missing from the Dognam H of the deceased D, and the 3 South Korea I did not communicate with Japan after the Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of Japanese occupation of occupation of Japanese occupation of Japanese occupation of Japanese occupation

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