A. The Plaintiff is a co-owner who owns 10046 square meters of forests and fields D, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant forest”) together with Nonparty E in share of 1/2.

B. Defendant B is the spouse of the deceased F (hereinafter “the deceased”). Defendant C is the deceased’s funeral, and the deceased died on December 26, 2016, the Defendants installed one grave and one grave (hereinafter “the instant grave”) in sequence 1, 2, 3, 4, 5, 6, and 1 of the annexed drawings among the instant forest land on December 28, 2018.

[Ground of recognition] A without dispute, Gap evidence 1 and 2, Eul evidence 18-1 and 2, the result of the commission of surveying and appraisal to the branch offices assigned by the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants, the heir of the deceased, have the duty to excavate the two graves to the plaintiff who asserts his right as co-owner for the preservation of jointly owned property, and deliver this part of the land to the plaintiff. 2) The defendants' assertion that ① the registration of transfer of ownership in the name of the plaintiff and E concerning the forest of this case was merely registered in title by a clan consisting of descendants of the "G", and the plaintiff is not the actual owner, and ② the graves was installed with the permission of the plaintiff for the installation of the grave in the forest of this case. b) The above assertion that ① The above assertion was ① The plaintiff did not have the real owner, and the plaintiff was installed with the permission of the plaintiff for the installation of the grave in the forest of this case. According to the statements and the whole arguments of No. 1, No. 6, No. 4-1, No. 4-2, and No. 4-2, and the purport of the whole pleadings and arguments of the plaintiff's forest of this case.