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

A. The Defendant acquired the ownership of the instant land on April 18, 1974.

B. At the time when the Plaintiff purchased the instant land from the Defendant on June 20, 207, there was a grave located in Defendant House (hereinafter “instant grave”) in the part as indicated in the attached cadastral map A, B, and C among the instant land.

On June 29, 2007, the Plaintiff completed the registration of ownership transfer on the instant land.

B. Upon filing the instant lawsuit on December 12, 2017, the Defendant changed the three graves around March 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff purchased the instant land after hearing the Plaintiff’s statement that the instant grave was upper Dongdong, and that only the land would be naturally changed if purchased.

However, prior to four years prior to the filing of the instant lawsuit, the relative of the instant grave knew that he/she was the Defendant, demanding an objection, but the Defendant failed to comply with such demand.

Since the Defendant occupied and used the portion of the land corresponding to the third period of the instant grave without permission, it is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to KRW 37,500,000 per month from June 30, 2007 to October 31, 2017, and the amount of unjust enrichment equivalent to KRW 300,000 per month from the date of loss of occupation.

B. On the land of this case, a grave installed at the king cannot be removed without permission due to the existence of the right to grave base under the customary law.

At the time of selling the instant land, the Defendant knew the Plaintiff that the instant grave was a graveyard in the Defendant’s house, and did not have any agreement on the removal thereof, so the Plaintiff allowed the existence of the instant grave, and accordingly, the Defendant’s house did not use the Plaintiff’s land and profit therefrom without any title.

In particular, the instant grave is not owned by the defendant, but managed by the descendants of the house, and the defendant can arbitrarily dispose of or exclusively occupy and use the grave.