Litigation costs shall be borne by the plaintiff.

A. On October 4, 2016, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant land”) from Do, an incorporated association, on October 4, 201, and completed the registration of ownership transfer on December 1, 2016.

B. Of the instant land, the part of “the scope of “the instant grave” connected in sequence 144, 145, 146, 147, and 144, among the instant land, is installed with a grave occupied and managed by the Defendant (hereinafter “instant grave”) and the part of the land on which the said grave was installed.

【Fact-finding without a dispute over recognition, entry in Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts acknowledged in paragraph 1 as to the cause of the claim, the defendant has the duty to restore the said grave to the plaintiff who sought exclusion from disturbance, unless it asserts and proves the title of possession of the grave base of this case, and deliver the base. The plaintiff has the duty to return unjust profits equivalent to the rent due to possession of the said grave base from the day after the delivery of a copy of the complaint of this case sought by the plaintiff to the day after the above excavation and delivery is completed.

3. As to the defendant's argument

가. 피고의 주장 요지 이 사건 분묘는 피고의 증조부인 망 E의 묘로서 피고와 피고의 부( 父), 조부( 祖父, 이하 위 세 명을 ‘ 피고 등’) 는 20년 이상 평온, 공연하게 그 분묘의 기지를 점유하여 관습 상의 분묘기지 권을 시효 취득하였으므로, 점유 권원이 있다.

B. Determination 1 on the issues of the relevant legal doctrine is established without registration, as a customary real right that may be excluded from landowners or third parties (see, e.g., Supreme Court Decisions 94Da15530, Dec. 23, 1994; 201Da63017, 63024, Nov. 10, 201). (See, e.g., Supreme Court Decisions 201Da6301, Nov. 10, 201).