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(영문) 제주지방법원 2020.06.08 2019가단60389

분묘이장 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased the forest land of this case on June 30, 2005 and completed the registration of ownership transfer on July 1, 2005.

B. At the time when the Plaintiff purchased the forest of this case, the instant grave was located in the forest of this case.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 and 2, the appraisal results by the appraiser and the branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① Since the instant grave is installed without any title in the instant forest, the Defendants, the relatives of the instant grave, jointly with the Plaintiff, have the duty to excavate the instant grave and deliver part of the land to the Plaintiff.

② In addition, it is difficult to find out who is a cemetery because the instant grave did not exist, and it can be deemed a grave rather than a tomb E claimed by the Defendants. As such, the right to grave base is not recognized under the customary law.

B. The Defendants asserted that the right to grave base was prescriptively acquired, since the Defendants had installed and managed the instant grave in a peaceful and consistent manner for twenty (20) years.

3. The Plaintiff’s assertion that the Defendants were not the relatives of the instant grave appears to include the assertion that the Defendants could not be the relatives of the instant grave. However, the evidence submitted by the Plaintiff and the evidence submitted by the Defendants alone are insufficient to recognize that the Defendants were the relatives of the instant grave, and there is no other evidence to acknowledge that the Defendants were the relatives of the instant grave.

The Plaintiff’s above assertion based on the premise that the Defendants are the relatives of the instant grave is without merit.

4. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.