분묘철거 등 이행청구의 소
1. The judgment of the court of first instance is modified as follows.
Defendant (Appointed Party) shall be the plaintiffs, and 49. G forest land G in the racing-si.
1. Basic facts - The 49,983 square meters of G forest G 49,983 square meters (hereinafter “the instant forest”) was owned by the Plaintiff at the first instance trial. As a result of the death on September 29, 2019, Plaintiff M, who is his spouse, and Plaintiff N andO, who is his own food, jointly succeeded to the instant forest.
- Of the forest land of this case, attached Form 2 drawings 1, b, and c (hereinafter referred to as “instant grave, etc.”) shall be installed with a grave of the deceased H, a net I, and its tombstones (hereinafter referred to as “instant grave, etc.”).
- The network H is the father of the Defendant (designated parties, hereinafter referred to as “the Defendant”) and the designated parties, and the network I is the mother of the Defendant and the designated parties.
The defendant is the south of the deceased.
[Reasons for Recognition] A.1 to 4 (including a serial number), the result of the survey and appraisal conducted by the court of first instance, the purport of the whole pleadings
2. The assertion and judgment
A. In order to file a claim for removal of a grave based on ownership of forests and fields to determine the cause of the claim, it is reasonable to deem that the installation of a grave was accumulated in order to the person holding the right to manage and dispose of the grave. In the event of a son’s son, it is generally deemed that the right to safeguard and manage the grave under the 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’s son’s son’s son’s son’
(See Supreme Court Decision 95Da51182 delivered on September 5, 1997, etc.). According to the above legal principles and the facts acknowledged earlier, the defendant has the right to manage and dispose of the instant graves, etc. to the defendant, South Korea. Thus, the defendant has the duty to remove the instant graves, etc. to the plaintiffs, the owner of the instant forest, and deliver the part of the site
Furthermore, the plaintiffs also claim the removal of graves and the transfer of land to the remaining designated parties, but they are not the passage of the deceased H and the network I.