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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 1, 2, 3, 4, 5.
Reasons
1. Facts of recognition;
A. On July 5, 2013, the Plaintiff acquired ownership of C orchard 11,348 square meters (hereinafter “instant real estate”) in Chungcheongju, as indicated in the Disposition No. 1 of this Decree.
B. The Defendant installed the Defendant’s instant real estate and the deceased E’s grave (hereinafter “instant grave”) via the Chungcheong-si, Chungcheong-si, Chungcheongnam-si. Around July 2013, F, who leased the instant real estate from the Plaintiff, destroyed part of the instant grave as Poke, among the Dos, where F, who leased the instant real estate, installed drainage pipes for planting landscape trees.
C. On August 9, 2013, F paid to the Defendant the amount of KRW 35 million for damages incurred from the destruction of the instant grave.
On September 8, 2013, the Defendant newly installed tin and tin. At present, part of the instant grave was on the part of the ship connecting each of the instant real estate in sequence with the indication of drawings 1, 2, 3, 4, 5, and 1, and one of the above part A (hereinafter referred to as the “instant tin”) is installed in the said part.
[Ground of recognition] A without dispute, Gap evidence 1-4, Gap evidence 7, Eul evidence 2-2, the result of this court's request for surveying appraisal, the purport of the whole pleadings
2. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant, the owner of the instant real estate, has the duty to remove the instant seat and deliver the portion indicated in the attached drawings among the instant real estate.
As to this, the Defendant asserted that he had acquired the right to grave base (Prescription) on the instant grave, the Defendant asserted that the instant grave was located D at the 24 April 2014 response, and that the instant grave was located on the instant real estate, even if it existed on the instant real estate, the Defendant had a defense to the effect that he had acquired the right to grave base by prescription, and that part of the instant grave is located on the instant real estate.