A. On April 13, 1998, the Plaintiff completed the registration of ownership transfer with respect to C forest land of 10,230 square meters (hereinafter “instant land”).

B. On May 23, 1984, the Defendant created a grave (hereinafter referred to as “instant grave 1”) on the size of 4 square meters (hereinafter referred to as “the part of the instant land”) indicated in the annexed drawing(s) from among the instant land (hereinafter referred to as “the part of the instant land”), and on March 10, 2007, when a mother-child E dies, the Defendant created a grave (hereinafter referred to as “instant grave 2”) on the part of 4 square meters (vii) from the said land (hereinafter referred to as “the part of the instant case”) around March 10, 207, and currently protects and manages each of the instant graves.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to remove each of the instant graves Nos. 1 and 2 to the Plaintiff, the owner of the instant land, and to deliver each of the instant graves (i) and (ii).

3. Judgment on the defendant's defense

A. A. Around January 21, 1982, F’s grave, the Defendant’s well-known part of the Defendant’s defense, was created with the consent of G, the owner of the instant land, and thereafter, the Defendant’s well-known members purchased the instant land in KRW 7.4 million around 1982 in order to create a family funeral, and created a family funeral by purchasing the instant land in KRW 7.4 million. Since the Defendant had the right to graveyard on each of the instant grave 1 and 2, it is impossible to comply with the Plaintiff’s request.

B. In a case where the land which is a base for a grave is owned by a person, other than the owner of a grave, if the owner of the land consents to the establishment of a grave against the owner of the grave, the establishment of a real right similar to superficies for the owner of the grave (see, e.g., Supreme Court Decision 9Da14006, Sept. 26, 200). In a case where a grave was installed on another’s land without the owner’s permission, it shall be deemed that the said land had been established for 20 years.