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(영문) 수원지방법원평택지원 2014.01.08 2013가단1100

분묘철거 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant forest.

B. Among the forest land in this case, one grave and one stone per 74 square meters connected in sequence to each point of 1,2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, and 1, one grave and one stone per 11, 10, 9, 8, 14, 15, 16, 17, 18, 20, 20, 21, 111, 3, 34, 34, 34, 34, 34, 36, 28, 27, 34, 34, 34, 34, 34, 34, 34, 15, 34, 157, 157, 157, 157.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 4 (including paper numbers) and images, the result of the on-site verification by this court, the result of the appraiser D's survey and appraisal, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff agreed to remove each of the above graves by the Defendant.

(i) The Plaintiff asserted that there was an agreement to remove or remove a grave (i.e., an agreement to remove or remove a grave) and sought the removal of the said grave and the delivery of the base. However, it is insufficient to recognize that there was an agreement to remove or remove a grave by the original Defendant solely with the descriptions of evidence Nos. 1 and 10. Therefore, the Plaintiff’

Rather, comprehensively taking account of the respective descriptions and images of evidence Nos. 2 through 4 and the purport of the entire pleadings as a result of the on-site inspection by this court, the base of each of the above graves shall be 44 square meters in line with each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, and 1, connected each point of the above graves for more than 20 years from the time each of the above graves was installed as a closed hand until the end of the pleadings of this case.