분묘굴이 및 토지인도
1. Of the instant lawsuit, the part of the claim for alternative execution shall be dismissed.
2. The defendant shall attach the attached Form to the plaintiff among the land stated in the attached Form.
1. The plaintiff filed a claim against the defendant for the excavation of each grave as stated in the Disposition No. 2, and filed a claim for replacement execution. However, since the alternative execution is a compulsory execution that is filed with the judgment of the provisional execution sentence, it cannot be claimed as a principal execution. Thus, this part is unlawful and dismissed.
2. In full view of the entries in Gap evidence Nos. 1 through 7 and the purport of the entire pleadings as to the claim for the delivery of a grave, one-half of shares among the lands listed in the attached Table may be recognized as having installed one-half of shares on each of the lands listed in the attached Table No. 1, 5, 6, 7, 8, and 1 of the attached Table No. 1, 5, 6, 7, 8, and 1 of the attached appraisal sheet among the lands listed in the attached Table No. 1, 85 square meters and the same appraisal sheet No. 1,2, 3, 4, 5, and 1 of the land in the ship connected each point in sequence without the consent of the plaintiff.
Therefore, according to the above facts of recognition, the defendant has the duty to excavate the graves installed on the above part of the land of 85 square meters, and those installed on the above part of the land of 79 square meters, respectively, to the plaintiff, and to deliver the above part of the land of 85 square meters, respectively.
3. Conclusion, among the instant lawsuits, the part of the claim for alternative execution is dismissed as unlawful, and the remainder of the claim is justified.