분묘이장 등
1. The Plaintiff’s conjunctive claim rejected the confirmation of the right to grave base.
2. The plaintiff's primary claim and ancillary claim.
1. Basic facts
A. In around 2013, the Plaintiff purchased five parcels of land, including 11,570 square meters, from the C clan (hereinafter “instant clan”) in Chuncheon-si, and completed the registration of ownership transfer as to the said woodland on December 17, 2013.
B. After that, on May 28, 2014, the said forest was divided into B forest land No. 1,650 square meters (hereinafter “instant forest”) and D forest land No. 9,920 square meters, and the Plaintiff completed the registration of ownership transfer to E with respect to shares 827/1650 of the instant forest among the instant forest around June 2014.
C. However, with the permission of the clan of this case where the defendant and the defendant had owned the forest of this case for about 40 years before the clan of this case, the defendant and the defendant set up the clan of this case with the permission of about 40 years, each point of 13, 14, 15, 16, 17, 18, 19, 20, 21, 40, 40, 31, 21, 22, 22, 23, 24, 25, and 10 among the forest of this case, "B" connecting each point of 10, 11, 12, 13, 13, 31, 40, 21, 22, 25, and 10, among the forest of this case, each part of the plaintiff's farmland of this case, which had been the owner of the forest of this case, was installed with the permission of each of the defendant's ancestor of this case.
[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the result of verification and survey appraisal, the purport of the whole pleadings]
2. Determination as to the cause of action
A. (1) The Plaintiff’s assertion (A) is primarily liable for the Plaintiff, the co-owner of the instant forest, to remove and remove the 4th tin, 1st tin, 1st , and 2nd c and 6th mix, respectively, of the instant grave and the part on which the claim is sought, and to deliver the part on “B” and the part on “B” to the Plaintiff, the co-owner of the instant forest.
(B) Even if the conjunctive Defendant had the right to grave base on the instant grave, the said right does not exceed 30 square meters for a private grave under the Funeral Services Act.