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(영문) 울산지방법원 2020.08.14 2020고단200
사기미수
Text

The defendant shall be innocent.

Reasons

1. The Defendant, together with B and C, has managed the graves, including grassland, with respect to six graves installed on the 20,587 square meters and 269 square meters of F forest land in Ansan-dong, where the victim D owns the land (hereinafter “instant land”).

On May 15, 1978, the victim acquired the ownership of the instant land and used it as an orchard for the purpose of using it, and around May 2013, the victim asked the managers of graves installed on the instant land to use the instant land as a site for constructing a church, and requested the Defendant and the siblings to change the possession of the said land, but the Defendant and the siblings refused to compensate for the said grave since they have the right to manage and dispose of the said land.

On November 18, 2015, the aggrieved party filed a lawsuit against the Daegu District Court Branch of the Daegu District Court against C on the 6th anniversary of the said grave and demanding the transfer of possession of the relevant land (No. 2015No. 23208). However, C did not have the right to manage the grave, and C did not have the right to manage the grave. On October 21, 2016, the said court filed a lawsuit against B on the same court against B, seeking the transfer of the said grave 6-year diggings and the relevant land.

(2016Gadan23014, hereinafter “instant lawsuit”). Upon delegation from B in connection with the performance of a lawsuit, the Defendant submitted a written reply to the above court to the effect that “the Defendant’s fleet installed a grave on the land of this case (finally, in 1960, the Defendant’s ancestor G opened a grave that appears to have been recorded in the steering division or mistake of the Defendant, B, and C)” and that “the Defendant acquired the right to grave base on April 24, 2017, because he/she succeeded to the grave for a short period of up to 1960 by his/her funeral and succeeded to the grave for a public performance for a more than 20 years, and that “the said court acquired the right to grave base on the land of this case” around April 24, 2017.

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