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(영문) 의정부지방법원고양지원 2020.05.15 2020가합247
유골인도
Text

1. The Defendants shall deliver the remains indicated in the attached list to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The Plaintiff is the head of the deceased E (hereinafter “the deceased”). The Defendant C is the deceased’s leakage, and the Defendant D Co., Ltd. (hereinafter “Defendant D”) is the company that keeps the remains of the deceased.

On March 15, 2018, the Deceased died, and the Defendant C voluntarily concluded a contract with Defendant D to install the remains of the Deceased, and temporarily laid the remains of the Deceased inside the F Park operated by Defendant D.

The surviving families of the deceased, including the Plaintiff, agreed to store the remains of the deceased in a charnel operated by H, an incorporated foundation, and I entered into a charnel use contract with the said incorporated foundation by the third who is the deceased.

Accordingly, the children of the deceased, including the plaintiff, tried to remove the remains of the deceased from the above F Park, but the defendants are refusing to remove them.

As such, Defendant C illegally occupies the remains of the deceased, and Defendant D illegally occupies the remains of the deceased.

Accordingly, the Plaintiff, as a deceased master, has ownership and right to manage and dispose of the remains of the deceased, shall request the Defendants to deliver the remains of this case.

2. Grounds for recognition: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

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