Ownership of a grave and a similar superficies for a grave in customary of the Gu

The general rule of the establishment of a grave in a state of ASEAN provides that a permanent seed shall be installed, and since then a grave shall be placed in a state of ASEAN with respect to the production of a seed, the title of the grave shall belong to the religious paper, and the ownership of the grave shall belong to the religious paper, the descendants of the religious paper, who were the religious paper, shall succeed to the deceased's inheritance at the same time, and therefore, if the grave is installed on another's land, the prescriptive acquisition of a similar superficies or the succession thereof shall belong to the seed descendants.

Article 265 of the former Civil Code

Plaintiff

Defendant 1 and one other

This case is dismissed.

Expenses for public prosecution shall be borne by the plaintiff.

The agent of the plaintiff shall revoke the original judgment. If the defendant is present for the plaintiff, the agent of the plaintiff shall revoke the original judgment. The defendant shall not establish a line which passes by the defendant's agent from the center of the 6th ancestor funeral and the 90 degrees away from the 5th ancestor line that passes by the 5th ancestor funeral (hereinafter referred to as the "Dong") to the 7th anniversary of the 7th ancestor funeral, and the 5th anniversary of the 5th ancestor funeral, the defendant's agent shall not establish a line which passes by the 5th anniversary of the 5th ancestor funeral, and the 5th anniversary of the 5th ancestor funeral. The defendant shall not open the defendant's office to the plaintiff at the expense of the 5th pedestrian funeral, the 1st pedestrian funeral point, the 25th pedestrian funeral point from the 25th pedestrian funeral point, the 25th¡¯s office of the defendant's office, the defendant's office of the 25th ancestor line to the defendant's office of the 25th ancestor line.

In fact, as for the plaintiff's statement of the parties, the land size of the non-party 1 and the non-party 2 were purchased on the 5th day, or on the 5th day, and the land size of the non-party 1 and the non-party 6th day, the land size of the 6th day and the non-party 1 and the non-party 2 were the non-party 1 and the non-party 2 were the non-party 6's land size and the non-party 5's land size were the non-party 6's land size and the non-party 6's land size were the non-party 1 and the non-party 6's land size were the non-party 1 and the non-party 2's land size were the non-party 6's land size and the non-party 2's land size were the non-party 6's land size and the non-party 2's land size were the non-party 3's land size and the non-party 2's land size.

As a method of proof, the agent of the plaintiff invoked the results of the testimony and the verification and appraisal of the original trial by the non-party 3, 4, and the non-party 1 and 5 of the original trial witness, and the formation of the evidence by each subparagraph is the time when the agent of the defendant affixed the testimony by the non-party 1 and 6 of the original trial witness.

In the case of a grave in an ASEAN, it is common sense that the deceased deceased son who was permanently permanently stationed in the country will install the grave, and thereafter his title of the grave belongs to the deceased son who will be removed from the seeds. Therefore, the ownership of the grave belongs to the deceased son and the deceased son who will succeed to it at the same time as the deceased son's inheritance. Therefore, in the case where the deceased son was installed on another's land, the acquisition by prescription for similar superficies for the grave or the deceased son's succession to the son son son son son son son son son son son son son son son son. In the case of this case, the deceased son son son son is not the plaintiff, but the non-party 2 is the plaintiff son son son son son son son son son son son son son son son son son son son son son son son son son son son son, it cannot be justified son son son son son son son son.

Judges Lee Jong-il (Presiding Judge) Kim Jong-su