A. The plaintiff and the defendant are children of the network C, and the plaintiff is the head of the network C and the son, and the defendant is the side of the network C.

B. On October 7, 2007, the deceased C was killed, and six graves for the deceased and the defendant were installed within the Incheon-do Incheon-gun D (hereinafter “the forest of this case”) jointly inherited by the children of the deceased C including the plaintiff and the defendant, including one high-parent grave, one high-parent grave, two high-parent families grave, two high-parent families grave, one grandparents grave, and one parent grave.

(hereinafter referred to as “instant grave”) C.

The Defendant opened a grave located in the forest of this case, which caused disputes with the Plaintiff regarding the ownership of the forest of this case, and tried to file a claim for partition of co-owned property, and found the grave by arbitrarily cutting the remains of this case between June 24, 2017 and around June 26, 2017, without the right to manage and dispose of the grave of this case, and then moving it to the Fpublic cemetery in E.

On February 20, 2019, the Defendant was indicted as a crime of excavating a grave due to the foregoing act and was sentenced to one year of suspended sentence (Seoul Central District Court Decision 2018Da1224), and the judgment on February 28, 2019 became final and conclusive.

On the other hand, the Plaintiff re-exploited the instant grave that the Defendant moved to the F Public Cemetery as above, and re-exploited the remains, and then re-exploited the grave on the land outside Kim Jong-si, Kim Jong-si on September 4, 2019.

【Reason for Recognition】 Each entry of the evidence of Nos. 1 through 12, 24, 25 (including branch numbers for those with a separate number) or video, and the purport of the whole pleadings

2. Determination

A. 1) The right to protect and manage a grave belongs, in principle, to a third party, regardless of who is the installer (see, e.g., Supreme Court Decision 95Da51182, Sept. 5, 1997). In general, the right to protect and manage a grave is against the care and removal of a grave.