beta
(영문) 창원지방법원 2014.06.20 2013가단79569

분묘굴이 및 토지인도

Text

1. Of the instant lawsuit, the Plaintiff’s KRW 484,420 against the Defendant (Appointed Party) and KRW 348,090 among them.

Reasons

1. Basic facts

A. The 831 square meters of D forest land in Changhae-si (hereinafter “instant forest”) was owned by E. On May 5, 1972, the registration of ownership transfer was completed under Defendant B’s name. Meanwhile, the Plaintiff acquired ownership on November 28, 2005 by winning the instant forest land in the procedure for F compulsory auction by Changwon District Court.

B. Among the instant forest land, eight graves (hereinafter “each of the instant graves”) consisting of a total of 1026 square meters of land in the annexed drawing indication (b) and (c) are installed as a grave base (hereinafter “instant grave base”). The said graves are those of Defendant B’s shipbuilding (Defendant B’s five major, high-helping, additional lighting, ancestor sponsing, ancestor sponsing, accommodation, etc.), and the Defendant B, as his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

C. Meanwhile, the Plaintiff had already installed each of the instant graves in the instant forest before the instant forest was replaced by a light.

The amount equivalent to the rent from November 28, 2005 to June 28, 201 with respect to the instant grave base is equivalent to 348,090 won and thereafter is ratified as the same amount.

E. The Plaintiff filed a lawsuit against Defendant B, who is the owner of the instant forest and field, claiming the rent for the instant grave base by Busan District Court Decision 201Ga61567 (hereinafter “former District Court Decision”). On July 17, 2012, the said court rendered a ruling that “the Defendant shall pay to the Plaintiff, 348,090 won, and 5% interest calculated at the rate of 5% per annum from the day following the day when the said judgment became final to the day of full payment, to the day when he/she loses the Plaintiff’s ownership of the instant grave base from June 29, 201 to the day when he/she loses the Plaintiff’s ownership or the completion of Defendant B’s possession of the instant grave base from June 29, 201,” and thus, Defendant B appealed and appealed, but the appeal is dismissed and the appeal is dismissed on March 22, 2013 (hereinafter “former appeal”).