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(영문) 수원지방법원 여주지원 2020.06.24 2020고정135
장사등에관한법률위반
Text

Defendant

A A A The Defendants shall be punished by a fine of KRW 500,000,000,000,000,000,000.

Reasons

Punishment of the crime

[Basic Facts] A clan established a clan cemetery (E) in part of the D forest land in the Gyeonggi Pyeong-gun, the Gyeonggi Pyeong-gun around December 201, in order to gather graves that are scattered in a place where the graves of the ancestor are gathered.

In addition, since that time, the descendants of the above clan excavated and cremate the remains buried in each ancestor's graves for several years, and then buried the remains in the cemetery of the above clan, but because of the cost problem, the remains excavated were buried in the site of cremation or the place, instead of cremation.

Around December 2015, the clan entered into a real estate sales contract that sells eight parcels of land, including the land of KRW 1,050,000,000,000,000 to G Co., Ltd., a clan owned by the same clan, and the said real estate sales contract states, “Before the remainder of a cemetery located on the ground at which the above real estate is located or before the commencement of civil engineering works, it shall be transferred under the responsibility of the clan and the fact shall be notified to the buyer”, and that “if a private cemetery occurs during civil works, the seller shall, under his responsibility, relocate the cemetery to the seller, and keep the buyer from the purchase price in the form of expenses for the relocation of the cemetery.”

Accordingly, the above clan has to excavate and bury the remains buried in the tomb of the ancestor in the land subject to the above sale, the descendants of which were cut and which were buried in the grave, and then have to be kept in the cemetery of the above clan.

However, in relation to the above real estate sales contract, there was a division among the members of the above clan, and the general meeting of the clan held on December 2, 2017 constituted an emergency countermeasure committee in which the defendant A was replaced by the chairperson, and H moved for the chairperson.

[Status of Defendant A] From December 2, 2017 to December 2, 2017, Defendant A’s Chairperson of the above clan, and H from May 1, 2009 to May 2, 2017, and December 2, 2017.

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