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(영문) 대전지방법원 서산지원 2018.01.09 2017가단52912
분묘철거 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 20, 1975, Korea is 54,645 square meters (hereinafter “F forest”) of F forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on August 20, 197.

(2) On January 18, 1997, G completed the registration of ownership transfer with respect to F forest on January 18, 1997. H completed the registration of ownership transfer with respect to F forest on December 16, 1997, as to 36,430/54,645 shares out of F forest on December 16, 199, and I and J completed the registration of ownership transfer with respect to shares 9,107.5/54,645 shares out of F forest on December 31, 1997, respectively. K completed the registration of ownership transfer with respect to F forest on June 28, 2005, F forest was divided into 16,463, 181, 158, 158, 1500 square meters of F forest on July 7, 2005.

3) H and K completed the registration of ownership transfer based on the partition of co-owned property, with H’s ownership owned by K among the forests divided as above in the above paragraph (2) of July 8, 2005. The above L forest owned by K and completed the registration of ownership transfer based on the partition of co-owned property.

4) On May 7, 2012, the area of O forest was divided into 112 square meters in the aforesaid E forest. On May 19, 2016, the Plaintiff combined the said land with 13,605 square meters of P forest and 112 square meters of O forest and field on the said land after completing the registration of ownership transfer concerning E forest divided as above (hereinafter “E forest and field after annexation”).

B. B. On October 23, 1999, the deceased’s graveyard (hereinafter “instant graveyard”) was installed in F forest as the Plaintiff and the Defendant B died on October 21, 1999.

On July 7, 2005, H had existed on the land owned by himself through the partition of co-owned property on the ground, and it still exists on the land E after the merger.

2 The Plaintiff, from around 2016, requested the Defendant B to change the graveyard of this case while promoting a new construction project on the ground of E forest land after the merger.

After that, S, which was in a transaction with the Plaintiff, is the graveyard of this case with Defendant B.

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