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(영문) 서울중앙지방법원 2015.11.13 2014가단5272181
손해배상(기)
Text

1. Defendant B’s KRW 15,800,000 as well as 5% per annum from July 7, 2014 to November 13, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Of the 8,627 square meters of the attached appraisal drawings in the part of the 2ndm2 in the annexed appraisal drawings among the 8,627 square meters of the land in Yacheon-gu, Seocheon-gu, Seocheon-si, the Plaintiff’s six lux E (1794 death) and his denied FC (hereinafter “the instant grave”). There was a lot of stone, such as fluorite, stone, mixed stone, and gluorite around the grave.

B. The Plaintiff has been managing the instant grave every year, and around August 11, 2000, the Seocheon History Compilation Committee designated the instant grave as a father’s history and cultural heritage.

C. Defendant B, who was the owner of the instant forest, opened the instant grave over two occasions pursuant to Article 27 of the Act on Funeral Services, etc. and Article 18 of the Enforcement Rule of the same Act, and opened the instant grave at the Gyeong Park Park, an incorporated foundation located in the former unclaimed State on July 7, 2014 after obtaining permission to open the instant grave, and opened the instant grave at the Gyeong Park Park, a foundation located in the former unclaimed State.

In light of the outlines of the instant grave, fluoral stone, fluoral stone, mixed stone, and gluoral stone, the area of the instant grave is not less than 254 square meters, and the area of the instant grave is at least 108 million won in order to restore the grave to its original state and set up a tombstone, bluoral stone, etc.

E. Meanwhile, Defendant C completed the registration of ownership transfer on June 11, 2015, when filing the instant lawsuit.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 13, the result of the on-site inspection by this court, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The prescriptive acquisition of the right to grave base, which is a customary real right similar to superficies, on another’s land, by prescription, by a person who installed a grave on another’s land without obtaining the permission, for a peaceful and openly performing for twenty (20) years, and the right to grave base on another’s land.

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