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(영문) 서울북부지방법원 2015.12.16 2015가합21169
약정금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and 50 others (hereinafter “C, etc.”) entered into a contract with the Defendant for the use of the E Burial located in Sincheon-si, each of the Defendant’s operation (hereinafter “instant Park”) and paid the Defendant the fees for the use of each cemetery and the expenses for stone.

B. On June 24, 2011, the Mancheon City filed a charge of violating the Act on Funeral Services, Etc. that illegally installed the instant park cemetery F with the Defendant’s husband’s husband, and the F was sentenced to a judgment of conviction (Seoul Central District Court 201Gohap354) (Seoul Central District Court 201Gohap354), and the said judgment was finalized on December 14, 2011.

C. The Macheon-si notified his family members, such as C, etc. who installed a ancient cemetery in the instant park cemetery, that a grave installed in each of the said park cemetery violated the Act on Funeral Services, etc., and that the said grave was relocated until August 27, 2012, and that the enforcement fine should be imposed if not relocated until that time.

Around March 2012 and around May 2012, C et al. filed a lawsuit against the Defendant for damages due to nonperformance of the contract to use the park cemetery of this case (Seoul Central District Court 2012Gahap18163, 2012Gahap4350, 2012). The judgment partially recognizing liability for damages due to nonperformance of each Defendant was rendered final and conclusive.

E. A person, including C, who installed a grave in the instant park cemetery was established on March 5, 2012 to minimize its damage.

F. On March 25, 2014, the Plaintiff and the Defendant concluded an agreement with the following contents to establish a G cemetery:

(hereinafter referred to as the “instant agreement”). 1. The Defendant shall contribute each of the above N andO’s own land as the basic property of the Incorporated Foundation in order to create a G cemetery in Y through I, J, K, L, and their children.

The intent of contribution is valid only at the time of the establishment of a corporation.

Provided, That incorporation is permitted.

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