1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the owner of 2645 square meters and 453 square meters of forest E-Gun in Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter collectively referred to as “instant land”).

B. Of the instant land, the attached appraisal is installed on the part (i) part (i) of 3 square meters in a ship connected in sequence with each point of 2,3,4,5,6,7,8, and 2 of the attached Table No. 33 square meters (hereinafter “the part (i) of this case”) and the attached appraisal of the attached Table No. 1,2,8,8,9,10,11, and 20 square meters (hereinafter “the part (ii) of the instant case”) in a ship connecting each point of 1,2,8,9, 10,11, and 10 square meters in sequence. The Defendant (Counterclaim Defendant; hereinafter “Defendant”) and the deceased Fow, the father of Defendant C (hereinafter “instant grave”). The Defendants currently possess and manage the said grave.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 5, 7, 10 (including the number of branch offices; hereinafter the same shall apply), witness G and H testimony, result of a request for measurement and appraisal of the branch offices of the Korea Cadastral Corporation, the purport of the entire pleadings

2. Determination as to the principal lawsuit

A. 1) Although it is not allowed to combine a couple with a new grave to the extent that the gist of the claim on the right to grave base is within the scope that it affects, the Defendants were deceased by her mother and her mother. However, the Plaintiff sought the excavation of the grave in this case against the Defendants. 2) The right to grave base refers to the right to use another’s land to the extent necessary to achieve the purpose of safeguard and furning the grave. The right to grave base refers to the right to use another’s land outside the existing grave, even within the scope of the area under its effect, does not include the right to newly build a new grave outside the existing grave. Thus, the right to grave base is to be within the extent that one of the married couple first dies and the said grave has already been installed and the right to grave base has already been extended