분묘기지권 행사 방해배제 등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendants are the defendants.
1. The grounds for admitting the judgment of the court of first instance as to this case are as stated in the reasoning of the judgment of the court of first instance, except for the part that is modified in paragraph (2) below, and therefore, it shall be cited in the attached Form pursuant to Article 420 of the
2. Parts changed;
A. The part regarding “bb” in Section 7 of Section 4 of the first instance judgment as “B” (attached Form 1 and the attached Form 2) is replaced by “B” (attached Form 1 and the attached Form 2); hereinafter the same shall apply).
B. The main part of the first instance judgment from the fifth to the sixth line is converted from the fifth to the 8th line below.
Of the instant orchard, the Defendant exceeded the scope necessary to attain the purpose of cutting the instant grave and sprinking the instant grave, and the said Daejeon District Court Decision 2006Ka62086 decided (hereinafter “previous Decision”).
The right to grave base asserts that conflict with the regional scope of the instant right to grave base recognized in this case and is against res judicata effect. The right to grave base refers to the right to use another person’s land to the extent necessary to protect and sponsate a grave. The right to grave base refers not only to the base of a grave, but also to the area including the vacant area surrounding the grave base, to the extent necessary for the protection and removal of a grave (see, e.g., Supreme Court Decision 2011Da63017, Nov. 10, 201). Based on these legal principles, the instant case is examined. As seen earlier, the previous judgment recognized the right to grave base only for the portion of the grave base connected with the above 46 square meters (attached appraisal 1, 2, 3, 4, 5, and 1, but it is nothing more than the determination of the scope of the instant grave and the instant orchard’s shape and necessary scope in light of the shape of the instant grave and the instant orchard.
Therefore, it is true.