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(영문) 청주지방법원 2020.01.22 2018나9785
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Plaintiff’s assertion

The summary is that the Plaintiff is an owner of the instant house of which the instant house is located, and the Plaintiff is a 496 square meters, F 660 square meters, G previous 2,335 square meters (hereinafter “instant land”) and a single house of 27 square meters on the first floor of the B-Ground Derer Stackdong (hereinafter “instant house”). The Defendants, despite being aware of such fact, illegally installed a cemetery in violation of the Act on Funeral Services, etc. (hereinafter “the Funeral Act”) and the Farmland Act, which are adjoining to the instant land, and in violation of the said Act.

Due to the above acts by the Defendants, the Plaintiff suffered property damage and mental suffering, such as a decline in the land price of the instant land and housing, and having difficulty in disposing thereof, and thus, the Defendants are liable to pay the Plaintiff KRW 10 million in compensation for damages.

Facts of recognition

The Plaintiff acquired the ownership of the instant land on August 7, 1996, and completed the registration of ownership preservation on the instant housing on February 10, 1999, and changed the F land category from “B” to “B” to “B” on July 20, 1999.

On April 3, 1996, the Plaintiff transferred the instant land (F) to the Sound Group P of Chungcheongbuk-gun on January 5, 200, but transferred the instant land on October 12, 2007 after he/she transferred the said land to the instant land (F) on November 5, 2007, after he/she transferred the said land to the said land on October 31, 201.

Defendant B, the owner of the area of 823 square meters prior to H in Chungcheongnam-gun, Chungcheongnam-do, created one grave installed in the above land around November 2006, but buried the said grave and buried the remains in a family charnel around March 2017, and then buried the remains in a family charnel.

The land is owned by Nonparty O, and the Defendant C’s attachedJ around May 1982 created one grave of his own building, and Defendant C created one grave of his own building around August 1993, and one grave of his own building around January 1996, respectively.

D. The land set forth above, Defendant D’s attachment set up one grave of N around September 1986, and around August 2001.

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