분묘굴이 등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. According to the above facts, as co-owners of 1/4 shares of the instant forests, the Plaintiff is entitled to seek the removal and digging of the instant graves, etc. and the delivery of the instant grave base part as a preservation act. The Defendant, as a third party, occupies and uses the instant grave base part through the instant grave, etc., so long as the Defendant did not assert and prove a legitimate title to possess the instant grave base part, the Defendant is obligated to remove and excavate the instant grave, etc. and deliver the instant grave base part to the Plaintiff.
3. Judgment on the defendant's defense, etc.
A. The defendant's assertion 1) The forest land of this case is MM (hereinafter "the clan of this case").
(1) The clans are owned and owned and the clans are F, G, H and I (hereinafter referred to as “titles”).
(2) The Plaintiff, a title trustee, cannot perform an act of preserving jointly-owned property against the Defendant. (2) As the Defendant, a title truster, installed the instant grave, etc. with the implied permission of the instant clan, it acquired the right to graveyard on the instant grave base portion.
Therefore, the plaintiff cannot respond to the claim of this case.
B. First of all, we examine whether the instant clan title trust was made with the instant forest land.
The following circumstances, which may be acknowledged by the aforementioned basic facts, the evidence set forth above, the statement No. 16 evidence, and the purport of the entire pleadings, namely, ① the clan was a title trust of the forest of this case to the members of the clan, and the reason for termination of title trust against the heir of the title holder, including the Plaintiff, by asserting that the clan of this case was a title trust