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(영문) 의정부지방법원고양지원 2015.02.04 2013가합10536
납골당사용권확인 등
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Basic facts

A. In early 2000, the Defendant decided to establish a private charnel, “E” (hereinafter “the instant charnel”) within the Defendant’s temple site, on the proposal of the Defendant’s Intervenor joining the Defendant.

B. Around that time, the Defendant borne all the expenses incurred in establishing the instant charnel with the Defendant’s Intervenor, and agreed to pay 70% of the proceeds from the sale of the said charnels, which will be established in the future, to the Defendant’s Intervenor, for the construction of the instant charnels. In response, the Defendant granted to the Defendant’s Intervenor all the authority regarding the sale of the said charnels 10,000s, which will be established in the future.

On January 15, 200, the defendant prepared and held the power of attorney (the evidence No. 2 of this case; hereinafter referred to as the "the power of attorney of this case") to the defendant joining the defendant. The letter of attorney of this case stated that "the selection of a charnel house (400 square meters) to be constructed within the B inspection shall be delegated to the defendant joining the defendant with all authority for the selection of the contractor and the whole right of sale in a charnel house (400 square meters). It shall be delegated from the date the delegation is delegated to the defendant, until the completion of sale, and this delegation shall not be assigned to any

다. 피고보조참가인은 그 후 이 사건 납골당 신축공사에 착공하였고, 2000년 말경부터 2002년 말경까지 피고 명의의 이 사건 납골당의 봉안증서 10,000매(일련번호 010001 ∽ 020000)를 작성하였다. 라.

On August 11, 2003, the Plaintiff and F drafted a written agreement (No. 10, hereinafter “instant agreement”) with the Plaintiff and F, and the instant agreement state “assignable number: 700 on the ground floor.”

F issued to the Plaintiff on the same day 450 of the above furnal deed ( Japanese serial number 014601 to 014650, 015300 to 015699), and on August 13, 2003, 250 of the above furnal deed (one serial number 019131 to 019180, 01931 to 019331 to 01930, 01931 to 019380, 0194 to 019530, 019581 to 019630) respectively.

70 copies of the above adial document are “the instant adial document.”

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