A. On April 6, 1930, the Plaintiff’s attached D completed the registration of transfer of ownership on the land cadastre as to C’s cemetery 787 square meters (hereinafter “instant land”).

B. On July 27, 2004, the instant land was divided into 729 square meters and 58 square meters of a cemetery in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and was re-merged on August 16, 201.

C. On February 21, 2008, the Plaintiff completed registration of initial ownership relating to the instant land. D.

Of the land in this case, the portion 16m2 in the attached table No. 14, 15, 16, 17, and 14 of the attached table Nos. 14, 15, 16, 17, and 14 are attached to the instant grave base (hereinafter “instant grave base”), the Defendant’s colon and a grandparent funeral.

(hereinafter collectively referred to as “each of the instant graves”). The Defendant, as a son, has protected and managed each of the instant graves.

[Grounds for recognition] Fact-finding, Gap's evidence Nos. 1, 2, 4, 7, and Eul evidence No. 5, and the result of the request for surveying and appraisal of the branch offices assigned to the Korea Land Information Corporation to conduct a survey and appraisal by this court, based on the above facts, the court below held that the defendant occupies the grave base of this case as the management and disposal authority of each of the graves of this case. Thus, barring any special circumstance, the defendant is obligated to excavate and transfer each of the graves of this case to the plaintiff, the owner of the land of this case, and to deliver the grave base

The claim F regarding the Defendant’s claim for the prescriptive acquisition of ownership was made from D on December 20, 1941, and G, the Defendant’s small part of G, purchased the instant land from F on August 8, 1975, and possessed it in a peacefully and openly with the intent to own it for twenty (20) years from August 11, 1975. As such, the prescriptive acquisition of ownership regarding the instant land was completed.

Therefore, G (Death on November 18, 2012) or his heir has the right to possess the instant land, and each of the instant graves was installed with the permission of G.