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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Status 1) The Plaintiff is the deceased D (hereinafter “the deceased”).
(2) The deceased died on January 17, 2009, and the plaintiff, E (F) who is his spouse, and G (H) jointly inherited the deceased’s property.
B. On December 20, 201, the Defendant filed a criminal complaint against the Plaintiff with the Plaintiff, asserting that “the deceased excavated and concealed his/her grave” was “the deceased,” and that the Plaintiff was convicted of causing the death of and damage to his/her body for excavating a grave. 2) On January 31, 2012, the Plaintiff was subject to a non-prosecution disposition issued by the former Jeju District Prosecutors’ Office to the effect that he/she was suspected of having been convicted, and the Defendant and C filed a complaint against the said non-prosecution disposition.
C. On July 2, 2012, the Plaintiff was indicted on the charge of opening and cutting a grave as follows. The Defendant was not guilty on the ground that, upon the inheritance, etc. of the deceased D’s present wife, the deceased et al., installed in a pro rata and one other, and had conflict with each other. The Defendant was not guilty on the following grounds: (a) arbitrarily excavated the deceased D’s grave that he provided services and provides care to the above E without the consent of the above E; and (b) arbitrarily excavated the deceased D’s grave located in the Yan-gu Seoul Special Metropolitan City on November 12, 2010 without any legitimate authority; and (c) arbitrarily excavated the deceased D’s grave located in the Yan-gu Seoul Special Metropolitan City on the ground that the deceased’s remains were newly built by the Defendant in the Yan-gun Special Metropolitan City on the ground that the deceased would have been newly built by the Defendant in the Yan-gun Special Metropolitan City on the ground of the judgment of the court below.
As in the case of this case, even after the husband who is the spouse of the deceased and the children are permanently living, the Republic of Korea is the husband and the husband is the principal of the deceased, and even after the husband is living and the deceased remains the deceased, there is a tradition of doing so. In light of the fact that Article 2 subparagraph 16 of the Act on Funeral Services, etc., the person who exercises the rights and duties concerning funeral services, who is the top priority of the relative, is determined as the spouse.