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1. The defendant
(a) Of the land listed in the separate sheet, each point of the Attached Form No. 38, 39, 40, 41, 42, 43, and 38 is indicated in the Attached Form No. 38, 39,
Reasons
1. Facts of recognition;
A. On July 13, 2016, the Plaintiff acquired the ownership of the land listed in the separate sheet (hereinafter “instant land”) through an auction. On February 1, 2017, the Plaintiff completed the registration of ownership transfer on the ground of sale on January 12, 2017 with respect to the construction to be further executed (hereinafter “construction”) with respect to the share of 99/7,343 out of the instant land.
B. On the part of 85 square meters inside the ship connecting each point of 38, 39, 40, 41, 42, 43, and 38, among the land in this case, the Defendant’s husband’s grave (hereinafter “C”) was installed in the part of 75 square meters connected each point of 4, 45, 46, 47, 48, 49, and 44 of the attached drawing indicating the attached drawing, and the Defendant’s husband’s husband’s grave (hereinafter “C”), which connects each point of 4, 45, 46, 47, 48, 49, 75 square meters in order to connect each point of 38, 39, 40, 40, 41, 42, 43, and 38, the Defendant’s husband’s husband’s grave (hereinafter “Woo”) with the Defendant’s 85 square meters inside the ship.
C. The defendant is C, D, and E’s subordinate descendants.
Since July 13, 2016, the amount equivalent to the rent for the part of the land where each of the instant graves is located after the Plaintiff acquired the ownership of the instant land is as listed below.
The monthly rent monthly rent of the relevant grave from July 13, 2016 to April 11, 2017: (a) KRW 51,600,510,000,000 for the instant grave caused by the instant grave to KRW 51,60,510; (b) the fact that there is no dispute over KRW 58,480,510,00 for the instant grave due to the occurrence of the instant grave from July 13, 2016 to KRW 85,60,00,000 for 85,000 square meters for the instant grave; (c) the evidence Nos. 5, A evidence Nos. 6-1, and 2; (d) the result of the on-site verification by the appraiser F; (d) the result of the appraiser G’s appraisal of the
2. Determination
A. To file a claim for the removal of a grave by acquiring ownership of a forest and land, the installation of a grave shall be initiated against the person who has the right to manage and dispose of the grave (see, e.g., Supreme Court Decision 67Da2073, Dec. 26, 1967).