(영문) 대전지방법원 천안지원 2017.01.17 2016가단12195

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(영문) 대전지방법원 천안지원 2017.01.17 2016가단12195

분묘이장비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion was delegated to sell and purchase 5,220 square meters (hereinafter “instant land”) prior to Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant and the Defendant agreed to pay KRW 200 million to the Defendant with the purchase price of the instant land, and KRW 11,000,000,000 on the instant land. The Plaintiff agreed to pay the purchase price of the instant land on behalf of the buyer.

Accordingly, the plaintiff, at the same time, paid 70,000,000 won of the relocation equipment of a grave to the funeral company. Since the purchaser renounces the purchase of the land of this case due to the reasons attributable to the defendant, the defendant asserts to the effect that the defendant, as the mandatory, is obliged to pay the plaintiff the cost of the graveyard 70,000,000 won.

2. As to whether the Plaintiff bears KRW 70,00,000,00 for the equipment to be used for a grave, it is difficult to recognize the Plaintiff’s liability only by the statement of evidence No. 3, and there is no other evidence to prove that the Plaintiff incurred losses due to the Plaintiff’s negligence

Rather, in light of the following circumstances, evidence Nos. 3 through 7, and evidence Nos. 1 and 2, the grave relocation equipment on the ground of the instant land is assumed by the purchaser of the instant land.

① The Plaintiff, upon being delegated by the Defendant to sell and purchase the instant land, agreed not to impose all responsibility on the Defendant with respect to the transfer of a grave on the ground of the instant land.

② D, the first purchaser of the instant land, asserted that he/she was liable for KRW 45,00,000 for the relocation of the instant land in a lawsuit to implement the procedure for ownership transfer registration filed against the Defendant.

③ The Plaintiff paid KRW 70,000,000 to the grave relocation business entity with the money received from the second buyer E of the instant land.

3. Conclusion

유사 판례

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