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(영문) 수원지방법원여주지원 2019.09.18 2017가단56891

분묘굴이 등 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s ownership of C forest land C is 945 square meters in Leecheon-si.

Among the above land, there is a grave (the part of “the instant grave”; hereinafter referred to as “the instant grave”) in the area of 96 square meters in the ship (hereinafter referred to as “the instant land”) connected with each point of the attached Form 9, 10, 11, 12, 13, 14, 15, 16, 17, and 9 in sequence, and the instant land is provided for the protection and removal of the instant grave.

B. The plaintiff set up a sign sign indicating his contact address in the vicinity of the instant grave in order to find out the right to manage and dispose of the instant grave as a problem of the relocation, and the defendant who confirmed this, contacted the plaintiff and did not comply with the plaintiff's request for the relocation of the instant grave by asserting that the defendant is a joint grave of the Defendant’s increased rank, and the defendant did not

C. At around 1944, the Defendant’s increased portion D was killed in around 1944 and the increased portion E around 1945, and as to the location of the grave, the Defendant’s increased portion D is indicated as “interest-based Gun F Tong (current name: E. Gicheon-si) H.

D At around 1979, the wife J of the I died in December 1994, and the J was laid to rest in the L L in the Innju City.

I's south M was killed in October 2007, and was buried in the above L around that time.

The defendant is the Republic of Korea of M.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1, 7-9, 12, 17, and 19 (including each number; hereinafter the same shall apply), the result of this court’s request for the measurement and appraisal of Leecheon branch of the Korea Land Information Corporation, the purport of the entire pleadings

2. The fact that the instant grave was installed on the instant land owned by the Plaintiff to determine the cause of the instant claim, and the fact that the instant land was provided for the protection and removal of the instant grave is as seen earlier, and the fact that the Defendant is the person entitled to manage and dispose of the instant grave is no dispute between the parties.

According to this, the Defendant, barring any special circumstance, shall safeguard and manage the instant grave on the ground of the instant land owned by the Plaintiff.