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(영문) 대전지방법원 2019.07.17 2018가합1449
묘지훼손 원상복구 및 손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are the relatives aged 12 years D and 13 who jointly set up 15 years old G as the second children of Cmph 12 years old D and 13 years old, and the Plaintiff is the latter descendants of H, the second children of G, and the Defendant is the latter descendants of G, the first children of 16 years old.

B. The above A.

The above paragraph A shall be 34,575 square meters (hereinafter referred to as the "the forest of this case") of the Daejeon U.S. K forest owned by Jmpha-gu, the clan of which is a clan of 12 years of age D, Jung-gu.

The 12-year-old D, 13-year-old E and the defendant's increased portion of graves are located, and the above D, E, and L's name were inscribed around each of the above graves.

In around 1974, the defendant was found to be the spouse of L and her spouse and the defendant's increased mar Ma.

(hereinafter referred to as “L’s grave”). C.

Between E and L L’s graves, only one grave of furnal shape (hereinafter “instant grave”) adjoins to the left side of the said L’s grave (such as finite, finite, finite, and finite).

피고는 대전 유성구 N동에 접한 세종특별자치시 O에 거주하는 망 P에게 부탁하여 이 사건 분묘 위에 “이 산소 친인척께서는 도의적 입장에서 선의 해결하겠사오니 하기 장소로 연락바랍니다”라는 문구와 망 P의 주소 및 전화번호를 기재한 팻말을 세워 두었다.

E. At around 2004, the Defendant: (a) upon request from the Republic of Korea R in Qri; (b) removed miscellaneous trees, such as Arabic trees and earth trees, from the lower part of L graves; and (c) newly planted turf.

(F) Around September 2018, the Plaintiff sought restoration of the grave site of R and net P by finding the grave site of L and demanded to inform the Defendant of the grave site. On September 2018, the Plaintiff called the Defendant for contact and demanded restoration of the grave site of L to the original state by asserting that the Plaintiff’s relocation and extension of L and the Plaintiff’s grave was damaged.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 3, and 5 (ad hoc number).

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