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(영문) 서울중앙지방법원 2017.03.22 2015가단5334949

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The J clan (hereinafter referred to as the “instant clan”) is a clan that consists of descendants of the KM as its 22-year-old L, which is its 22-year-old members.

B. The Plaintiffs and the Defendants are the descendants of Kmph 26 years old net M. The Plaintiffs, A, and C are the south of the network N, the south of the network M. The Defendant D is the wife of the network M, the south of the network M, and the rest of the Defendants are the children of the networkO.

C. The registration of ownership transfer in the name of the Defendants was completed after the deceased on or around July 1971 and around around 1974 on each land listed in the separate sheet (hereinafter “instant 1 through 3 land”) as indicated in the separate sheet (hereinafter “instant 1 through 3 land”), which was determined around July 1918 by the deceased M, after the registration of ownership transfer in the name of the deceasedO was completed. The specific registration relationship was as follows.

On July 10, 1918, the Defendants’ inheritance of Nos. 1918, 1971, on Sep. 7, 1971, Defendant D was 3/13 in case of Defendant D on Mar. 27, 2004 due to inheritance on Nov. 24, 1993, and the remaining Defendants were 2/13 in case of each of the 2/13 shares transfer registration on Jul. 12, 1971, the registration for preservation was 4 July 12, 1971, and the registration for preservation was 4 Oct. 2, 1974, the land of this case was 198, the grave of the MaM’s current section, (P) and Q, and the grave of the 2nd land of this case was 3rd and the couple of the instant L and M net respectively in case of the instant land.

In around 2015, while promoting S business in the three land zone in the instant case, the Defendants opened the said five grave (hereinafter “each grave in the instant case”) on August 28, 2015, and excavated the remains and buried the said grave in the instant one land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 1013, Eul evidence Nos. 1, 6 through 11, 13, 14, and 17, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs of the assertion are the members of the clan of this case.