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(영문) 청주지방법원 제천지원 2018.07.11 2017가단1468
분묘굴이 등
Text

1. The Defendants are each indicated in the separate sheet No. 34, 35, 36, 56, and 34 among the land size of F forest No. 10,711 square meters incheon-si.

Reasons

1. Facts of recognition;

A. The Plaintiffs own 1/3 shares of G forest and F forest, respectively.

B. In the part of the instant case (B), each grave (attached Form 58, 59) of the deceased and deceased I, the parent of the Defendants, is installed.

The part (b) of this case and the part (e) of this case are used and possessed as a cemetery for the management of each grave.

C. The Defendants jointly manage each of the above graves as the children of the above network H and network I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the result of the request for measurement and appraisal to the Director of the Korea Land Information Corporation, the purport of the whole pleadings

2. The Plaintiffs seek to excavate the said grave on the premise that the said grave has been installed within the part of the instant case’s (e).

However, there is no evidence to acknowledge the establishment of a grave managed by the Defendants within the part (e) of the instant case.

According to the court's entrustment of surveying and appraisal by the Korea Land Information Corporation, only two graves managed by the Defendants are installed within the part of this case (B).

The plaintiffs' claims for this part are without merit.

3. According to the above facts of recognition as to the claim for delivery of the part of this case (E). Since the part of this case (E) is forest owned by the plaintiffs, the defendants are obligated to deliver the part of this case (E) to the plaintiffs.

4. Determination as to the claim for the extraction of graves within the part of the instant case (B) and the claim for delivery of the part of the instant case (B)

A. According to the above facts of determination as to the cause of the claim, the part of this case is forest land owned by the plaintiffs, and each grave of which 58,59 is installed within the part of this case (b) managed by the defendants, and the defendants occupy and use the part of this case (b) as cemetery in order to manage each of the above graves.

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