Main Issues

Similar rights to land on a grave base;

Summary of Judgment

Since a kind of real right similar to superficies, which is customaryly recognized as to the base of a grave, is the purpose of owning that grave, a person who is not entitled to own it, cannot acquire this real right by prescription.

Applicant-Appellant

Senior Jink-Jin

Respondent-Appellee

Kim Hong-seop

Judgment of the lower court

Seoul High Court Decision 58Hun-Ga13 delivered on February 26, 1958

Reasons

According to the records, it is clear that a kind of real right similar to superficies, which is customary to the base of a grave, will be owned by the grave, and a person who is not entitled to own the grave, can not acquire by prescription the real right of the grave even if he actually manages the grave for a long time. According to the records, the ownership of the grave of the Joseon belongs to the descendants in practice and does not belong to the descendants in practice. In this case, even if the applicant is the son of the Joseon, the son was the son of the son, and the son was the son, and the son was the son was the son and the son was the son was the son, and it cannot be deemed that the Claimant succeeded to the son as the son. Therefore, the Claimant cannot own the son's theory, and therefore, the Claimant cannot acquire the similar objects of superficies to the land of this case for the purpose of owning the grave, and therefore the judgment of the court below which dismissed the applicant's application for provisional disposition