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(영문) 의정부지방법원 고양지원 2018.05.18 2017가합71775
봉안증서 인도 청구의 소
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 relationship between the parties (1) The non-party C Co., Ltd. (hereinafter “non-party C”) was established on December 21, 199 for the purpose of operating and selling a charnel house on December 21, 199, and was dissolved on December 2, 2013, and the location of the head office was “Yyang-gu, Soyang-gu, Gyeonggi-do”

(A) The Defendant Company is a corporation established on September 25, 2003 for the purpose of managing a charnel house and selling a charnel house for the purpose of sale of a charnel house, etc., and the Defendant Company operates a charnel house in the Seoyang-gu, Soyang-gu, Gyeonggi-do, and E, the location of its head office.

(No. 1-1, No. 5-2). (b)

(1) On November 29, 2001, Nonparty C prepared a “written confirmation of acceptance of a peltowing certificate” with the purport that the Plaintiff shall pay 730,000,000 won which the Plaintiff invested in the establishment of a charnel house but failed to recover (2,900,000 won on the ground) to the Plaintiff as a substitute, and then shall own the Plaintiff thereafter. Nonparty C issued a written confirmation of acceptance of a peltowing certificate, and issued a list of the peltowing certificate and number plates.

(A) On May 10, 2004, Nonparty C agreed with the Plaintiff to change the details of the allocation and number lists, such as changing the composition of a charnel house transferred as described in paragraph (1) into “one floor (F) 1,000 and 2,900 totals of the 1,000 underground floors (G) 1,90.”

(hereinafter referred to as “instant contract” between the plaintiff and the non-party C (hereinafter referred to as “instant contract”) (Evidence 3) / [based on recognition] Gap evidence 1, 2, and 3 (including paper numbers), Gap evidence 5-2, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff acquired ownership of 2,90 shares of a charnel 2,00, which was paid in lieu of Nonparty C, and a charnel operated by Nonparty C changed its name to “H” and is currently operated by the Defendant Company.

However, since the defendant company sold most of the houses owned by the plaintiff, the defendant will deliver to the plaintiff a certificate of merit as to the collection of the houses with the same value as that of the plaintiff's possession.

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