1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts are: (a) the Plaintiff is the owner of the instant land; (b) Defendant B owned the instant grave No. 1; and (c) Defendant C occupied the instant grave No. 2-4, respectively, while managing and safeguarding the grave. There is no dispute between the parties.

2. The parties' assertion

A. The Defendants asserted by the Plaintiff occupy and manage each of the instant graves on the ground of the instant land owned by the Plaintiff while protecting and managing them.

The Defendants have the duty to remove the Plaintiff’s graves, each of which was protected and managed, and deliver the base to the Plaintiff.

Meanwhile, the Defendants asserted to the effect that they have the right to grave base on each of the instant graves, but in light of the fact that the tombstones of each of the instant graves were installed after January 13, 2001, the enforcement date of the Act on Funeral Services, Etc., there is no room for establishing the right to grave base.

B. Each of the instant graves asserted by the Defendants is a grave whose installation exceeds 20 years, and thus, the Defendants had the right to grave base on each of the instant graves, and thus, cannot respond to the Plaintiff’s claim.

3. Determination

A. According to the above facts in determining the cause of the claim, the Defendants are obligated to remove each of the instant graves to the Plaintiff, the owner of the instant land, and deliver the base, barring special circumstances.

B. Determination 1 as to the Defendants’ defenses: (a) if a grave was installed on another’s land without the owner’s permission, possession of the grave for a peaceful and public performance for twenty (20) years, the right to grave base, which is a customary real right similar to superficies, shall be acquired by prescription; and (b) the right to grave base extends not only to the base of the grave itself, but to the area including an open space around the base of the grave to the extent necessary for the protection and removal of the grave (see, e.g., Supreme Court Decisions 96Da14036, Jun. 14, 1996; 2011Da63017, 63024, Nov. 10, 201) to the extent that it is necessary for the protection and removal of the grave (including each number).