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

The deceased D (hereinafter referred to as the “the deceased”) had a woman G (H) and a female I (J) as his child, including the Plaintiff (F) who is a male, and had a female defendant B (L) and a male defendant C (M) as his child between K and K.

On February 3, 2012, the deceased died, and K and the Defendants buried the deceased’s body on February 5, 2012, and on February 5, 2012, the deceased buried the remains (hereinafter “the remains of this case”) in the Daesan Park Cemetery in Seo-gu, Daejeon.

After February 7, 2014, Defendant B opened the remains of this case and buried them in the family cemetery of New Zealand who is residing therein.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 (including each number in the case of provisional number), the entire purport of the pleading, and the Plaintiff’s assertion of the claim for the delivery of remains based on the private property rights, as the head of the body of the deceased, was justifiable to ask the deceased to preside over his deceased’s death before his birth.

However, K and the Defendants unilaterally laid the funeral and concealed remains or remains without notifying the Plaintiff of the death of the deceased.

Therefore, the Defendants are obligated to deliver the remains of the deceased to the Plaintiff, who is the producer of the deceased.

Since there is no evidence to prove that Defendant C occupies and manages the remains of the deceased as to the claim against Defendant C, the Plaintiff’s request for the issuance of remains against Defendant C is without merit.

The producer in charge of judgment on the claim against the defendant B shall be first determined by an agreement among co-inheritors of the deceased, but if the agreement is not reached, unless there are any special circumstances that make it impossible to maintain the status of the producer, the head of the deceased's son (if the head of the son has already died, the son's son, i.e. the head of the son's son), and if there is no son among co-inheritors, the son's son's son will be the master, and the son's son'