분묘굴이 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D was assessed against C Forest land 8,430 square meters (hereinafter “the instant forest”) at the time of the Japanese occupation during the Japanese occupation period, and in the Gu forest register, three others indicated that E and three others acquired the ownership of the instant forest land from D.
B. On April 1, 1967, the forest land of this case was cadastrally restored, and on December 28, 1966, F, G, H, and I completed registration of preservation of ownership as to each of 1/4 shares of the forest land of this case.
After that, I died on June 25, 1981, and the Plaintiff, a co-inheritors, as of July 15, 201, completed the registration of ownership transfer based on a division of inherited property with respect to shares of 1/4 out of the forest of this case.
C. On the other hand, the Defendant, as the captain of Jeju Island, installed graves and facilities (hereinafter “instant graves, etc.”) on the ground surface of 356 square meters in order to connect each point of (i) part of (ii) part of (iii) and 356 square meters in the instant grave base portion among the instant forests, which are indicated in the annexed drawings No. 1, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 30, 31, 32, 33, 34, 35, 36, 37, and 21 in sequence, among the instant forests and fields.
【Ground of recognition】 The facts without any dispute, Gap’s 1 through 4, 7, Eul’s 2-2, Eul’s 6-2, Eul’s 7-2, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, the Plaintiff, as co-owners of 1/4 shares of the instant forests, may seek the removal and digging of the instant graves, etc. and the delivery of the instant grave base part by preservation act. The Defendant, as a third party, occupied and used the instant grave base part through the instant grave, etc., and thus, as long as the Defendant did not assert and prove a legitimate title to possess the instant grave base part, the Defendant is obligated to remove and excavate the instant grave, etc. and deliver the instant grave base part to the Plaintiff.
B. The judgment on the defendant's assertion (1) is that the forest of this case is owned by M&M, and that is above.