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

E, around 201, around 201, installed a spouse’s grave on the ship (A) part of 95.06 square meters (hereinafter “(a)”) connecting each point of the attached Form 1, 2, 3, 4, and 1 among the land owned by E, 6,728 square meters (hereinafter “instant land”).

E died in around 2012, and on November 9, 2012, Defendant C succeeded to the ownership of the instant land through an inheritance division consultation.

around 2012, Defendant C installed a tomb in part (A) of the instant land.

On August 8, 2017, the Plaintiff acquired the ownership of the instant land through a voluntary auction procedure.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, the purport of the whole pleadings.

Plaintiff’s assertion

Since the Defendants owned a grave on the land owned by the Plaintiff, they should remove the said grave and deliver the site to the Plaintiff.

Judgment

The owner of a grave shall acquire a real right similar to superficies for the possession of the grave on the land, unless there is any condition that the grave be installed on the land under his own ownership and thereafter the owner of the land be transferred to another person by a compulsory auction.

(2) As seen earlier, the Defendants, the owner of the instant grave, shall be deemed to have acquired the real right similar to superficies for the ownership of the instant grave out of (a) the instant land, as seen earlier (see, e.g., Supreme Court Decision 2013Da79559, Feb. 13, 2014).

Since the right to grave base on part (A) of the instant land is recognized to the Defendants, all of the Plaintiff’s claims against the Defendants for removal of the instant grave and delivery of the portion (A) shall not be accepted.

The plaintiff's conclusion.