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(영문) 춘천지방법원원주지원 2020.10.29 2017가합6692

분묘굴이 등

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 2, 2011, the Defendant’s mother-friendly D completed the registration of transfer of ownership with respect to the forest land of 21,753 square meters (hereinafter “instant forest”).

B. The Plaintiff purchased 4/10 of the instant forest land during the voluntary auction procedure at the court E-auction procedure, and completed the registration of ownership transfer on May 29, 2015.

C. In the forest land of this case, four graves (the part 01 of the annexed drawing is a joint grave with two graves connected to each other; hereinafter the above four graves are referred to as “instant grave 1 to 4”) are installed in the annexed drawing 01 to 03, and seven graves are installed in the annexed drawing 05 to 11.

(Attachment Map No. 10 appears to be a grave not related to the claim of this case, in full view of the description of No. 10 and the purport of the entire pleadings, although the number of graves in the attached Form No. 04 is one more indicated, it appears that the grave in the part No. 104 appears to be a grave not related to the claim of this case.

The defendant is the 30-year-old hand of the FM and is the son's hand.

With respect to the instant graves 1 to 4, the Fmph G, the 20-year-old H, the 21-year-old h, and the I’s spouse were buried, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 10, 12, Eul evidence Nos. 1 and 4, the result of on-site verification by this Court, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is the right to manage and dispose of each of the instant graves, and the Defendant, the right to grave base, was suspended from 2014 to 4 years, and the Defendant’s right to grave base was extinguished.

The plaintiff who is a right holder of the forest of this case 4/10 of the forest of this case shall seek against the defendant the excavation of each of the graves of this case.

(2) The Plaintiff is a co-owner of the forest land of this case, and thus, the Plaintiff seeks excavation of each grave of this case as a co-owner of the forest land of this case. The Plaintiff filed a report on the reburial of each grave of this case and the permission thereof.