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1. The Defendant indicated in the attached Form 6, 7, 8, 9, 10, 11 among the land size of 281 square meters in Masan-si, Changwon-si, Changwon-si.
Reasons
1. Facts of recognition;
A. On June 30, 1965, Nonparty D completed the registration of ownership transfer based on the completion of repayment on July 31, 1955, with respect to the land of this case 281 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer based on an inheritance by consultation and division with respect to the instant land on December 3, 2014, when D, who is the father, died on December 3, 2014.
B. On June 20, 1913, Non-party E was assessed against the non-party 356 square meters (1,177 square meters; hereinafter “instant land before the instant partition”) prior to the Masan-si, Changwon-si.
C. On May 5, 1953, the land before the instant partition was divided into 271 square meters (896 square meters) and 85 square meters (281 square meters) prior to the instant land, which is the land in Changwon-si, Yongsan-si, Busan-si, and the land category of the instant land was changed from “B” to “forest” on the same day.
Of the instant land, Nonparty H installed a steel network fence (hereinafter “instant fence”) on the line connected with each point of the instant land, which is indicated in the annexed drawing Nos. 6, 7, 8, 9, 10, 11 in sequence, and the Defendant installed two graves on the ground (hereinafter “instant grave”) on the part of the instant land, which connects each point of 14, 15, 12, 13, and 14 in sequence with the same drawing Nos. 14, 15, 12, 13, and 14.
E. On March 10, 2010, the Defendant’s wife Nonparty I purchased the instant land from H for KRW 6 million, and the Defendant currently occupies the instant land including the fence and the grave.
[Based on Recognition] A without dispute, entry of Gap evidence 1 through 5 (including paper numbers), Eul evidence 1 through 5 (including paper numbers), the result of appraisal commission to the Korea Land Information Corporation and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, the defendant, as the owner of the land of this case, has a duty to remove the fence of this case and excavate the grave of this case, and deliver the land of this case to the plaintiff, unless there are special circumstances.
B. The defendant's assertion (i.e., the defendant) is the deceased.