(a) Whether the purchase cost of a cemetery falls under funeral expenses subject to compensation for damages (affirmative);

(b) Scope of the purchase cost of a cemetery which may be claimed after including funeral expenses; and

A. As long as a body of the deceased was used as a funeral in a cemetery, it shall be within the inherent custom of the Republic of Korea, and as long as certain land was used as a cemetery, it shall not be used for any purpose other than a cemetery for a considerable period of time, barring special circumstances, and thus, the exchange value as a general property shall be lost. Therefore, in a case where a cemetery was purchased for burial of a deceased person due to another person’s tort, the purchase cost of the cemetery shall be

B. The area of land that can be used as a cemetery shall not exceed the limit permitted by the law. Thus, according to Article 4(1) of the Burial and Graveyard, etc. Act and Article 2(1)1 of the Enforcement Decree of the same Act, the cemetery area per cemetery shall not exceed 30 square meters at ordinary times. Thus, the purchase price of a cemetery, which is claimed for payment of funeral expenses, shall be limited to the extent that it does not exceed 30 square meters of purchase price.

Article 763 of the Civil Act; Article 4(1) of the Burial and Graveyard, etc. Act; Article 2(1)1 of the Enforcement Decree of the Burial and Graveyard, etc. Act

Plaintiff

Attorney Lee Jae-won, Counsel for the defendant-appellant

Gwangju High Court Decision 84Na120 delivered on April 17, 1984

The part concerning funeral expenses of the judgment below shall be reversed, and that part of the case shall be remanded to the Gwangju High Court.

The defendant's attorney's grounds of appeal are examined.

1. According to the records, on the ground that the plaintiff consumed the total sum of KRW 3,477,90,00 among the funeral expenses of this case, the defendant filed a suit for the payment of KRW 3,00,000 among the above funeral expenses, including not only the funeral expenses that are prohibited by the Family Rite Act, but also the funeral expenses that cannot be viewed as funeral expenses. Thus, in order to determine the propriety of the plaintiff's claim for the payment of funeral expenses, the court below should first divide the funeral expenses claimed by the plaintiff, which were consumed, into funeral expenses, and examine and determine whether the funeral expenses are included in funeral expenses or legal claim for payment is permitted, and even if the funeral expenses were disbursed under the current Family Rite Act, if it was disbursed under the pretext of funeral expenses, it would be excluded from the funeral expenses to be compensated by the defendant, but all of the above funeral expenses were justified in the judgment of the court below which held that the plaintiff's claim for the payment of the funeral expenses of this case was justified, but all of the above KRW 300,00.

2. The deceased's body in his funeral place belongs to the unique custom of the Republic of Korea. As long as one land has been used as a cemetery, it cannot be used for any purpose other than a cemetery for a considerable period of time, barring special circumstances, and thus the exchange value of the general property shall be lost. Thus, if a decedent purchases a cemetery to bury another's deceased person's body due to a tort, the purchase price of the cemetery shall be deemed as falling under the funeral expenses subject to compensation for damages. On the other hand, the area of the land that can be used as a cemetery shall not exceed the limit permitted by the law. According to the provisions of Article 4 (1) of the Burial and Graveyard, etc. Act and Article 2 (1) 1 of the Enforcement Decree of the same Act and Article 2 (1) 1 of the same Act, it shall not exceed 30 square meters in length at the time of the occurrence of the incident. Thus, the purchase price of the cemetery, which is claimed to be included in the funeral expenses, shall be accepted only to the extent that the purchase price of the

However, in comparison with the trial records of the judgment of the court of first instance cited by the court below, it is clear that the plaintiff purchased the past 165 square meters (50 square meters) at 1,250,000 won for the purpose of the funeral service, and that the plaintiff claims compensation by including the entire payment in the funeral expenses. Thus, the plaintiff's claim for the purchase of the above cemetery shall be allowed only within the scope of the purchase cost of 30 square meters, and the purchase cost of the remaining portion of the land shall be excluded from the compensation. However, without distinguishing the above, the court below accepted the judgment of the court of first instance that ordered the payment of 3,00,000 won for the funeral expenses, including the above cemetery purchase cost, as it is, without distinguishing the above,. In this regard, the judgment of the court of first instance cited the judgment that ordered the payment of 3,00,000 won for the funeral expenses including the above cemetery purchase cost, which is subject to the compensation for damages, or it has committed

3. Therefore, the part concerning funeral expenses of the judgment of the court below shall be reversed, and that part of the case shall be remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating judges.

Justices Shin Jong-sung (Presiding Justice)