분묘굴이
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this court's judgment citing the judgment of the court of first instance is "2. Judgment" with the statement of 3th to 20th of the judgment of the court of first instance.
B. (2) Except for the following parts, the part is the same as the statement in the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the other hand, if the land which is the base of a grave is owned by a person other than the owner of the grave, not only when the owner consented to the establishment of the grave but also when the owner voluntarily installs the grave, the owner of the land shall be deemed to have established the right to a real right similar to superficies for the owner of the grave to the base of the grave. In such a case, the owner of the land shall be bound to limit the exercise of ownership to the part of the land which is the base of the grave within the reasonable extent necessary for the protection and management of the grave. As seen earlier, as the Plaintiff, the owner of the forest of this case, installed the grave of this case and the stone in this case directly within the forest of this case, and as such, Defendant B, the owner of the forest of this case, acquired the right to a grave base for the part on which the grave of this case and the stone of this case were the base of the grave of this case, and there is insufficient evidence to acknowledge that Defendant B renounced the management of the grave of this case. Accordingly, the Plaintiff’s claim against the defendant B is without merit.
3. In conclusion, the judgment of the court of first instance is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices.