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(영문) 의정부지방법원고양지원 2014.10.02 2013가단509473

분묘굴이

Text

1. All the counterclaims of the Defendant (Counterclaim Plaintiff) shall be dismissed;

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 1, 2013, the Plaintiffs purchased and owned 8382 square meters of land in Gyeyang-gu, Soyang-gu, Soyang-gu.

B. On May 22, 2013, the part of the said land, which is indicated as the annexed Form 2 No. 13 through 21 grave (hereinafter referred to as the “instant grave,” using the number indicated in the above drawing, was divided into the area into 3864 square meters of the Seoyang-gu Seoyang-gu Seoul Special Metropolitan City forest land (hereinafter referred to as the “instant land”).

C. On the ground of the instant land, the current status, such as the drawing Nos. 2, shall include 13 to 21 graves of this case, and watchstones, tombstones, tombstones, etc. around the grave.

Among them, ancientstones, doorstones, tombstones, and so on were installed before several hundred years.

The defendant clan did not know the location of the graves of 13 years old N, 14 years oldO, and 15 years old P, but it found the location of the graves of 15 years old. However, there is a view that it is in "Sayang-gun Q," and these contents are recorded in the tombstone established by the defendant clan around 1965 and the family register compiled by the defendant clan around 1970.

E. Defendant clan listens to L L’s argument that the above ancestor’s graves were installed on the ground of the instant land. From around 1978 to around 1978, Defendant clans opened the said grave from around 16, 17, 18, 19, and 20 of the instant land, each of the above numbers of the following: (i) Defendant clans opened around the instant land in the vicinity of the instant grave (the number indicated in the above drawings shall be specified as “instant grave”; (ii) 31, 33, 34, 35, 36, 37, 38, 38, 39, 40, 40, 40, 39, and 40, 16, 16, 16, 16, 16, 16, 16, 20, 200, 36, 37, 20, 39, and 40, respectively.

[Ground of recognition] Evidence Nos. 1, 3, A4-1 to 14, and A5-1.