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(영문) 서울중앙지방법원 2013.11.01 2012가합102501

분묘소유권 및관리처분권부존재확인 등

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1. The Defendant (Appointed Party) and the Appointed D indicated in the annexed Form No. 1, among the 67,438 square meters of Gangwon-gun Hongcheon-gun E Forest land in the annexed Form No. 67,438 square meters.

Reasons

1. Basic facts

A. On February 7, 2006, the Plaintiff (formerly, New Asian Agriculture Co., Ltd.) purchased the third land from I on February 7, 2006, and completed the registration of ownership transfer in the name of the Plaintiff on February 20, 206. On June 4, 2009, the Plaintiff purchased the first, second and 12,534 square meters of land from Jininc Co., Ltd. (hereinafter “instant clan”) and completed the registration of ownership transfer in the Plaintiff’s future on June 8, 2009.

B. On the ground of the land No. 1, each grave is installed within the part of “A,” “B,” “C,” “D,” “ma,” “g,” “g,” “g,” “A,” “car,” “k,” “ma”, “ma,” and “n” as indicated in the attached Form No. 1 as indicated in the attached Form No. 2 as indicated in the attached Form No. 2 as indicated in the attached Form No. 3 as indicated in the attached Form No. 2 as indicated in the attached Form No. 3 as indicated in the attached Form No.

(hereinafter referred to as “A grave” or “a” grave, respectively, depending on the indication of the part where each grave is installed.

On November 2010, the Plaintiff sought to change each of the above graves after commencing the construction of a golf course on each of the above lands. However, Defendant A and Appointed asserted that each of the graves installed on each of the land No. 1 is their own sculptures, and they have ownership and management rights. Defendant B asserted that each of the graves installed on the land No. 2 and 3 has ownership and management rights.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, as the owner of each of the above lands, sought to transfer a non-permanent grave to construct a golf course on each of the above lands, but the Defendants and the Appointed (hereinafter “Defendants”) asserted the ownership and the right to manage and dispose of each of the above graves.

The plaintiff primarily confirms that the defendants' ownership, management and disposal rights are not vested in each of the above graves.