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(영문) 춘천지방법원영월지원 2017.11.29 2016가단2494
분묘철거 등
Text

1. The Defendant indicated in the attached Form No. 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, among the 975 square meters of Gangwon-gun D Forest land in Gangseo-gu, Gangwon-do.

Reasons

Basic Facts

On May 3, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale on April 28, 2016 with respect to D Forest land 975 square meters (hereinafter “instant land”).

Among the land in this case, one grave (hereinafter referred to as "three-dimensional grave") is created on the ground of 7 square meters in order to connect each point of 24,25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 24, among the land in this case, and one grave (hereinafter referred to as "three-dimensional grave") connected each point of 16, 17, 18, 19, 20, 21, 23, and 9, 14, 15, 16, 17, 18, 20, 20, 21, 223, and 9, which are located on the ground of 6 square meters in the attached drawing, and each of the above graves is combined with each other (hereinafter referred to as "each of the instant graves").

The instant “three-dimensional grave” is E’, the Defendant’s father, and the instant “bb” grave is F and her mother, the Defendant’s father.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3 (including a provisional number; hereinafter the same shall apply), and the result of the request for surveying and appraisal of the monthly branch offices of the Korea Land Information Corporation in the Republic of Korea, the purport of the entire arguments by the parties concerned is as follows: the plaintiff of this case's main purport of the argument was that the plaintiff of this case's grave "bbbb" was newly created after October 2000 by the defendant purchased 2,479 square meters of H forest land in the Gangseo-gun, Gangwon-gun, Gangwon-gun, the neighboring land of this case (hereinafter "the land owned by the defendant"), and the right to grave base was not established since 20 years have not passed since the land was created.

Therefore, the defendant who manages each of the graves of this case is obligated to excavate each of the graves of this case to the plaintiff who is the owner and deliver the part of the land.

Even if the right to grave base for each of the instant graves was established, the Defendant may be deemed to have waived the right to grave base while purchasing the land owned by the Defendant, or the Defendant’s refusal of the excavation of each of the instant graves would inflict pain on the Plaintiff on the purpose of exercising the right.

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