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(영문) 제주지방법원 2018.04.27 2017가단50982

분묘굴이청구

Text

1. The Defendants indicated the outcome of the survey on the cadastral status of the attached Form 8.

Reasons

1. The judgment on the cause of the claim shall be as set out in the separate sheet and in each changed cause of the claim;

[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 through 17 (including a branch number if a branch number is available; hereinafter the same shall apply)

2. Judgment on deemed confessions made against Defendant D, E, or G (Article 208 (3) 2 of the Civil Procedure Act)

3. Determination as to Defendant F and H’s assertion

A. Defendant F and H asserted that the term of the right to grave base continues to exist until the Defendants actually transferred a grave, on the ground that the Court agreed to transfer the grave upon request by K to K, and that the term of the right to grave base cannot be deemed to have been agreed on. Therefore, the Defendants’ right to grave base continues to exist.

According to the aforementioned legal basis, J may recognize the fact that, upon request of K, it promised to remove a grave installed on the ground of 53 square meters in part (B) in the ship (hereinafter “instant grave”) and on the ground of 53 square meters in part on the part of the attached Form (B), which connects 8, 9, 10, 11, and 8 of the result of the survey on the cadastral status of the I Cemetery 93 square meters in Seopo-si, Seopo-si (hereinafter “instant land”).

On the other hand, the duration of the right to grave base shall not be governed by the provisions on superficies of the Civil Act, but shall be governed by the agreement between the parties in special circumstances, such as the parties.

(See Supreme Court Decision 81Da1220 Decided January 26, 1982, Supreme Court Decision 94Da28970 Decided August 26, 1994, Supreme Court Decision 2009Da1092 Decided May 14, 2009, etc.). In full view of the facts acknowledged as above, the Defendants are obligated to excavate the instant grave, “i.e., the instant grave,” in which K is demanded to excavate the grave. If the Defendants are not “i.e., the time limit for the extension of the grave,” but the Defendants’ assertion as the Defendants asserted.