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(영문) 의정부지방법원 2018.05.17 2016가단126906

분묘철거 등

Text

1. For the plaintiffs:

A. Defendant C indicated in the attached Form No. 2, 3, 17, 18, and 2 among the 11,504 square meters of F forest land in Namyang-si, Namyang-si.

Reasons

Facts of recognition

On November 28, 1975, G ownership G and Plaintiff A acquired 1/2 shares of F forest 11,504 square meters (hereinafter “the instant forest”). The shares of G in the said shares were donated by H on March 22, 1996, by November 26, 2005. < Amended by Presidential Decree No. 15183, Nov. 26, 2005>

The family relationship I of the network I had Defendant C under the chain of marriage with J.

I died on October 31, 1963, and J died on October 7, 1969.

In the attached list No. 2 of the current status of the installation of graves and tombstones (the deceased I grave) are installed in the area of 64 square meters in the ship (B) which connects each point of the annexed table No. 2, 3, 17, 18, and 2 among the forest of this case.

Attached Form

A grave (D and E) in paragraph (8) of the list is installed in the area of part (f) in a ship (f) which connects each point of 7, 12, 13, 6, and 7 of the annexed drawings among the forest land of this case and is located in the area of 48 square meters in sequence, and is in the form of a part consisting of a single wing part.

[Based on the fact that there is no dispute, Gap evidence 1-1 and 4-2, Gap evidence 2-2, and fact-finding with the head of Gwangjin-gu Seoul Special Metropolitan City Office of this Court, as a result of the fact-finding with respect to the defendant C on the ground that the forest of this case, which is the cause of claim for the whole argument, is owned by the plaintiff, the removal of the graves, the defendant D, and the transfer of the part of the land in the attached list 8.

Judgment

According to the facts of recognition as examined prior to the claim against Defendant D and E under Articles 208(3)2 and 150(3) of the Civil Procedure Act, the applicable provisions to claim against Defendant C apply mutatis mutandis: (a) Defendant D and E, who are the right to manage and dispose of a grave of this case, installed without their own authority, jointly removes a grave in the attached Table No. 8 of the attached Table No. 7, 12, 13, 6, 7, which are located in the attached Table No. 48 square meters connected to each of (f) of the forest of this case, which is installed without their authority, and are obligated to deliver the above part to the Plaintiffs.

In conclusion, the plaintiffs' claims against the defendants are with merit.