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(영문) 대전지방법원서산지원 2017.12.19 2017가단3507

분묘굴이

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1. The Defendants jointly share the Plaintiff with the indication of the attached Form “A” among the 16,364 square meters of forest E in Seosan-si.

Reasons

In full view of Gap evidence No. 2, Gap evidence No. 3, and Eul evidence No. 1’s overall purport of the pleadings, the plaintiff is the owner of Seosan-si E forest land No. 16,364 square meters (hereinafter “the instant forest”). The plaintiff has one grave (hereinafter “the instant grave”) on the ground of not less than 150 square meters on the land indicated in the annexed drawings among the instant forest land. The defendants can recognize the fact that the defendants installed the instant grave by combining the deceased F and Dog, the grandparents of the Defendants.

According to the above facts of recognition, the defendants jointly have a duty to excavate the grave of this case to the plaintiff and deliver the site to the plaintiff.

The Defendants asserted that the right to grave base has been established since they installed the instant grave in around 1993 and managed it in a peacefully for twenty (20) years thereafter. However, it is insufficient to recognize the fact that the Defendants installed the instant grave on or around 1993, and there is no other evidence to acknowledge it otherwise.

(A) According to the video of evidence No. 5, the grave of this case seems to have been installed after 2006). If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.