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(영문) 창원지방법원 진주지원 2018.10.18 2018가단1069
분묘굴이 청구의 소
Text

1. The defendant has each point in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land size of 62,784 square meters in Jinju-si.

Reasons

1. Facts of recognition;

A. On August 4, 1989, the Plaintiff acquired ownership of C forest land 62,784 square meters (hereinafter “instant forest”) in Jinju-si, Jinju-si.

B. On April 5, 2013, the Defendant occupied two graves, two tombstones, one tombstones, and one embankments on the ship (hereinafter “section”) and 220 square meters (hereinafter “section”) connecting each point in the order of indication 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the annexed drawings among the forest of this case, from among the forest of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, video of Gap evidence 3, result of the appraisal commission by the branch offices of the Korea Land Information Corporation, the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant occupies two graves, two tombstones, one tombstones, and one tombstones in the part of (b) and interferes with the plaintiff's ownership, and thus, the plaintiff is required to remove them and deliver (b) parts of them to the plaintiff.

B. As to this, the Defendant asserted that D, the previous owner of the forest of this case, and the Plaintiff’s punishment E installed graves, etc. in the part of (b) with permission, and that the Plaintiff knew of such circumstances, but the evidence to acknowledge this cannot be found. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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