분묘굴이
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff purchased the forest land of this case from D on December 20, 2005 and completed the registration of ownership transfer on December 21, 2005.
B. Among the instant forest land, one tombstone (hereinafter “instant tombstone”) is each installed on the part of “inboard,” which connects each point of 9, 10, 11, 12, and 9, the part of the instant land among the instant forest land, in sequence, to the part of “inboard,” the area of which is 5 square meters connected with each point of 9, 10, 10, 11, 12, and 9, indicated in the annexed drawing Nos. 13, 14, 15, 16, and 13.
C. The instant grave is a co-burial of the Defendant’s network E and a mother-friendly net F.
[Ground of recognition] Unsatisfy facts, Gap evidence 1 through 3, 6, Eul evidence 1 and 2 (including satisfy numbers; hereinafter the same shall apply) or images, the result of the on-site inspection by this court, the result of each survey and appraisal by appraiser G and H, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, who is the management authority of the instant grave, etc., is obligated to remove the instant grave and tombstones to the Plaintiff, the owner of the instant forest, and return the portion of the instant land to the Plaintiff, barring special circumstances.
3. Judgment on the defendant's defense
A. The defendant's defense as to the consent to the installation of the grave of this case is proved to have installed the grave of this case with the consent of I who was the owner of the forest of this case at the time of the installation of the grave of this case. However, the statement of No. 3 alone is insufficient to recognize it, and there is no other evidence to recognize it, and therefore the defendant'
B. The Defendant’s defense regarding the defense of prescriptive acquisition of the right to graveyard 1, the Defendant: (a) died on June 15, 1956 by the deceased on and around that time, installed the instant grave, which is a deceased grave; (b) died on February 28, 1975, and was buried in the instant grave around that time; and (c) occupied the part of the instant land in a peaceful manner for at least 20 years thereafter.