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(영문) 수원지방법원여주지원 2017.12.14 2016가단55938
분묘철거 등 이행청구
Text

1. The defendant shall be the plaintiff.

(a) 582,300 won and 15% per annum from November 24, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The defendant completed the registration of ownership transfer on March 17, 1980, and D completed the registration of ownership transfer on September 1, 1999 for the land of this case due to voluntary auction on August 23, 199, and the plaintiff completed the registration of ownership transfer on March 7, 2002 for the land of this case on February 6, 2002.

B. However, among the land in this case, a part of the instant land, which is 150 square meters in size, has a temporary grave (wing part), a bridge, a multi-section stone, a divstone, a dipstone, a dipstone, and a dipstone (hereinafter “instant grave, etc.”). On February 1989, the Defendant installed the instant grave, etc. at the time of the Defendant’s death, as the Defendant’s mother was buried, with the Defendant’s denialF who died first, and installed the instant grave, etc. at the same time as the instant grave, etc., while protecting and managing the instant grave, etc. thereafter, he occupies 150 square meters in the instant part, a site.

C. The amount equivalent to the rent from December 1, 2007 to November 16, 2017, with respect to a portion of 150 square meters in the instant case, is 585,800 won, and the amount equivalent to the rent for the subsequent month is 5,870 won.

[Evidence Evidence: Evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply)

(i)each entry, each request for appraisal by the branch office of the Korea Land and Information Corporation and by the appraiser G of this Court, and the purport of the entire pleadings]

2. Determination as to the request for removal and delivery

A. According to the above facts, the Defendant, as the owner of the instant land, has a duty to relocate or remove the instant grave, etc. to the Plaintiff, which is the owner of the instant land, and deliver part 150 square meters of the instant land among the instant land.

B. As to this, the defendant defenses that he acquired the customary right to grave base on the instant grave, etc., the owner of the grave, unless there is a condition that he would install the grave on his own land and thereafter move the grave to another owner by a compulsory auction.

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