분묘철거 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In fact, on June 19, 2013, the Plaintiff completed each registration of ownership transfer with respect to one-half shares of “1/2 of the 7522 square meters of forest land D in Pakistan-si” (hereinafter “instant forest”) and with respect to the remainder of 1/2 shares on August 19, 2013.
On July 17, 2013, the instant forest was divided into “E forest E- 1895 square meters” (hereinafter “Ma land”) and the ownership preservation registration of the mother land was completed on June 7, 1960, and as of June 19, 2013, the ownership transfer registration under the exchange contract was completed under the Plaintiff and F joint name.
On the other hand, among the forest land of this case, the annexed drawing "the divable part" portion of the defendant C's additional drawing, the grave of the defendant C H, the grave of the defendant C's parent (I, J), the grave of the defendant C's parent (I, and II, the grave of the defendant C and his spouse in the part "B", the grave of the defendant B's current section K and his spouse in the part "C", the grave of the defendant B's high tide M and his spouse N in the part "C", and the grave of the defendant B's spouse in the part "C", the above six-year graves (the whole six-year graves referred to as "the grave of this case") were installed around December 191, 191, and the body and shape of the grave of this case are maintained from the time of its installation to the date of its installation.
[Ground of recognition] A without dispute, Gap 1, 2, 5, 6 evidence, Eul 2, 3, and 4 evidence, on-site inspection result, results of survey appraisal, the purport of the whole pleadings
2. The assertion and judgment
A. As to the Plaintiff’s assertion that the owner of the instant grave, who is the owner of the instant forest and field, sought restitution of unjust enrichment from the removal of the grave and the installation of the grave on its ground, the Defendants asserted that the Defendants acquired by prescription the right to grave base on the instant grave, since 20 years have elapsed since the instant grave was installed.
B. (i) If a grave is installed without the consent of the owner of the land owned by another person, it shall be 20 years of peace and performance.