Extinctive prescription acquisition of the right similar to the installation of a grave and superficies;

Even if a person has installed a grave on another's land without his/her permission, if he/she had occupied the grave permanently for twenty years, it is customary to acquire by prescription a kind of real right similar to superficies on another's land and to oppose against a third person without registration for such rights.

Articles 162, 256, 12, and 13 of the Civil Act, the Decree on the Civil and Civil Affairs of the Joseon;

Scriland

Kim Young-Jon

Gwangju High Court Decision 56No1 delivered on April 15, 1957

The final appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

1. The grounds of appeal are 1. If the original judgment was rendered on the ground that it was impossible for the plaintiff to acquire a 2-year old funeral base by purchasing it in the short-term 426 years, and the fact that the plaintiff had been registered under the name of the plaintiff, which was the deceased 2-year funeral base, for which it was no longer than 3-year old funeral base, the original judgment was made on the ground that it was impossible for the defendant to recognize the fact that the defendant had installed a two-year funeral base by openly occupying the same cemetery in the first 4278, which was the deceased 4-year funeral base, as it was the fact that the deceased 2-year funeral base was no longer established on the ground that it was the deceased 2-year funeral base, and that the defendant could not acquire a kind of real right similar to the superficies for the purpose of maintaining the deceased 2-year funeral base, and thus, it would be possible for the defendant to oppose the plaintiff 2-year funeral real right against the deceased 2-year funeral base.

However, even if a person has installed a grave on another's land without his consent, if he had occupied a grave in a public performance for twenty (20) years, it is customary to acquire a kind of real right on another's land, which is similar to superficies, by prescription, and if he had occupied the grave site, it can be set up against the third party without registration. According to the facts established by the court below, the new defendant was entitled to a new trial on this case's land at the point of the plaintiff's claim for new trial on this case's land in 4263, where the number of the land owned by the non-party to this case's former non-party to this case's new trial was set up at the point of the plaintiff's claim for new trial on this case's land's land, and the new trial is just and reasonable, even if the defendant did not assert the acquisition of prescription on the non-party's land owned by the owner of this case's land at the time of new trial, and the defendant's claim for new trial on this part's right cannot be asserted and the original judgment.

Therefore, since the appeal of this case is without merit, it is so decided as per Disposition by Articles 401, 95, and 89 of the Civil Procedure Act.

Justices Kim Jong-il (Presiding Justice)