<br>Information Times (reporter Wei emblem) two years ago in Guangzhou, Ching Ming and Chung Yeung Festival aunt went to the grave, but found next to her husband build a new cemetery in paradise, but also lead to less aisle space 6 cm, repeatedly asked the cemetery restitution not can be resolved, then to the court and requested compensation for mental solatium 20,000 yuan. Before this year, Chung Yeung Festival, aunt got the Guangzhou Intermediate People's Court of Final Appeal ruling, although the cemetery can not restore the original interval, but her spiritual comfort awarded 20,000 yuan.<br><br><br>Chong Ching Ming grave<br><br><br>Her husband was blessed neighbors accounted for 6 cm<br><br><br>April 5, 2011, aunt and Guangzhou, a cemetery company signed a "sales contract cemetery Sites", he spent 35,moncler outlet italia,800 yuan for the death of her husband Uncle buy a cemetery called "soaring", and covers an area of 1.5 square meters PRACTICAL area of 0.63 square meters, 10 years of management fees of 3,000 yuan, a total of 38,800 yuan in total. In June, the Uncle's ashes were placed here.<br><br><br>However, the 2013 festival, aunt and his family grave, suddenly found next to the cemetery there is a new cemetery under construction,http://ele115.seesaa.net, and the new cemetery has encroached position they are buying cemetery. Aunt immediately reflect the situation at the cemetery management cemetery was occupied, and the spot writing "the book reflected" and demanded to stop the encroachment, restitution.<br><br><br>Chung Yeung Festival that year, aunt again went to the grave and found that the company did not promptly treated cemetery, next to the new cemetery has been built to use. Aunt again written request addressed,http://www.szwhcb.cn/forum.php?mod=viewthread&tid=18090, but has not been answered and resolved. In January 2014, he sent a letter to the cemetery company lawyer aunt. Cemetery after the company received the letter aunt contacted a lawyer, put forward a number of programs, but has been reluctant to restitution.<br><br><br>Thus, the aunt to the court, that the cemetery company above violations to her and loved ones caused great mental suffering, requesting the court to stop the infringement and restore the cemetery company purchased aunt cemetery undisturbed, and pay their mental damages 2 million.<br><br><br>The first trial was dismissed<br><br><br>Restore the cemetery, said violations of the rights of others<br><br><br>The company argued that the defendant's cemetery, graveyard purchased aunt did not overlap with other cemeteries, even if there is an error, it can not prove that the company occupied cemeteries cemetery aunt purchased. The company also believes that if the recovery cemetery aunt purchased undisturbed, will be against the legitimate rights of others, and therefore asked the Court to properly handle.<br><br><br>After site inspection, aunt, cemetery companies are involved in the case confirmed that the left side of the cemetery there is a cemetery adjacent to the right side of the clearing. Two cemetery scope of land lines overlap, spacing about 6 cm less overlap area is 0.124 square meters. But cemetery company that, according to the results involved mapping the cemetery does have a few centimeters of deviation, the deviation error is a normal building, not its deliberately caused.<br><br><br>Accordingly, the Court of First Instance, the company can assume cemetery encroached cemetery involved aunt purchased, but restitution would affect the legitimate rights and interests of others, in fact, involved in the cemetery could not restitution. First Instance that the aunt may separately claim the rights to property damage cemetery company, and moral damages according to management deficiencies. Accordingly, the aunt of First Instance dismissed the claims.<br><br><br>Appealed<br><br><br>Their own interests should be given priority protection earlier<br><br><br>After the sentence, aunt appealed that their rights earlier,http://www.0762000.com/home.php?mod=space&uid=43348,tn reuqin pas cher, according to the law should be given priority protection. All cemeteries cemetery planning area,http://www.waigua8.org/read.php?tid=162404&ds=1, are designed uniform, cemetery company has the responsibility and obligation to purchase their homing to the location of the cemetery in the contract,http://www.afirmfwc.org/cgi-bin/index.cgi, return the embezzled area.<br><br><br>Aunt Chen said that the cemetery as a special building and grounds, is a special form of property, including orientation bias,moncler Outlet, about intervals, etc., contains a considerable psychological factors and traditional ethics. Construction area property values corresponding not fully reflect the actual value of the cemetery and its intrinsic spiritual value.<br><br><br>Although the cemetery's infringement the object is the cemetery, in essence, it is a violation of the remains,http://www.fjvip.org/home.php?mod=spacecp&ac=blog&blogid=, the remains of. Given aunt cremains burial place was occupied objective fact,http://www.huaqiangukuaican.com/news/html/?82662.html, cemetery company's behavior to the aunt and other relatives caused great mental suffering is an objective reality. Aunt think they have the right to claim compensation for emotional distress, which is also a form of punishment for violations cemetery.<br><br><br>Final eligible commuted<br><br><br>Recovery is not possible, the cemetery to lose money<br><br><br>Guangzhou Intermediate People's Court upheld the view that, the case involving the scope of the cemetery and the adjacent cemetery land lines overlap, resulting in an overlap area between two adjacent cemetery, graveyard presence affect the case involving independent use to make the case involving the cemetery area and utility area are subject to influences. But according to the contract specifications restitution, would undermine the status of the cemetery outsider,nike air max 90, restitution does not have realistic feasibility.<br><br><br>However, the cemetery is different from other land-use in nature,http://www.uberiku.com/yybbs/yybbs.cgi, it has a special use, the cemetery to bury the dead bodies or ashes as a special land, is a descendant of Remembrance, pay homage to deceased loved ones in a particular location, it carries special emotion. Guangzhou Intermediate People's Court that the present case, the case involving the cemetery suffered some degree of encroachment and damage, contrary to the social public order and morals, and the restitution does not have a realistic feasibility, resulting cemetery actual purchaser aunt suffer some degree of mental anguish.<br><br><br>Therefore, aunt request cemetery company to pay 20,000 yuan compensation for moral damage,nike air max 90, to support the Guangzhou Intermediate People's Court. Before this year, Chung Yeung Festival, the Guangzhou Intermediate People's Court of Final Appeal ruling commuted cemetery company to pay 20,000 yuan compensation for moral damage to the aunt, dismissed the other claims.<br><br>
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