분묘굴이 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On January 2, 2017, the Plaintiff acquired ownership of 2,486 square meters (hereinafter “instant land”) prior to the petition-gu, Cheongju-si, Cheongju-si.
B. One grave (hereinafter “the instant grave”) on the ground leveling to 82 square meters on the part (A) of the instant land connected with each point of the attached Form 1 through 8, and 1, among the instant land, is located on the land of the deceased E (hereinafter “the deceased”) (hereinafter “instant grave”).
C. On the other hand, the defendant, among the children of the deceased President of the South-North net F, is a descendants of Chinese nationality who have liveded well, and entered Korea on August 16, 191 and staying there.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, each of the statements and images (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) With respect to the cause of the claim, in order to claim the removal of a grave based on the ownership of the land, the installation of the grave should have been accumulated against the person holding the right to manage and dispose of the grave. It is reasonable to view that the right to care and management of the grave under the former common law generally belongs to his/her descendants, except in extenuating circumstances where he/she is unable to maintain his/her status as the person in charge of the grave (see, e.g., Supreme Court Decision 2009Da1092, May 14, 2009). 2) In accordance with the above legal principles, the following circumstances are revealed by the health stand, the above evidence, the statement of No. 1 evidence, and the purport of the entire arguments as stated in No. 1. 1. In other words, ① the deceased’s head and the deceased’s heir were 1 and 6 women including the defendant, ② only the deceased’s heir of the deceased’s only North G, who had resided in the deceased’s present condition after his/her death.