The prescriptive acquisition of real rights similar to superficies on a grave base;

In order to acquire by prescription any real right similar to superficies against a grave base, it shall be occupied for 20 years.

Articles 245 and 279 of the Civil Act

Supreme Court Decision 4290Da539 delivered on October 31, 1957 (Supreme Court Decision 4056 Decided 4056, Supreme Court Decision 53Da33, Supreme Court Decision 68Da1927,1928 delivered on January 28, 1969 (Supreme Court Decision 41Da1927, Supreme Court Decision 17Do114 delivered on October 31, 195, Supreme Court Decision 278(20) of the Civil Act)

Plaintiff

Defendant

Daegu District Court of First Instance (65Ga54 delivered on July 1, 200)

The appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The defendant shall not excavate the graves (attached Form B) buried on the defendant's net side located in the 2nd half of the 4th half of the 2nd place of the forest located in the 2nd place of the 2nd place of the 3rd place of the Gyeong-dong, Chungcheongnam-dong,

Litigation costs shall be borne by the defendant.

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The fact that the ownership transfer registration is made in the name of the non-party 1 with respect to the forest used in the purport of the claim (hereinafter referred to as this case's forest) (the ownership transfer registration is made in the name of the plaintiff after filing a lawsuit). As to the fact that the defendant's body was installed within the forest (attached drawing B), there is no dispute between the parties, and the plaintiff asserted that this case's forest is owned by the plaintiff inherited by the non-party 1, his father, the plaintiff. The defendant argued that this case's forest is owned by the non-party 1 and the plaintiff's body was owned by the non-party 1 and the non-party 1, who is the deceased non-party 2, who is the deceased non-party 1, who is the deceased non-party 2, who is the deceased non-party 1, who is the deceased non-party 1, and the plaintiff's body purchased the forest under the name of the non-party 3, the non-party 4,5,6, and the non-party 1, the plaintiff's body of this case.

Even if this case’s forest land is owned by the Plaintiff individual, the Defendant asserted that Defendant’s grave was installed in October 27, 1945 and 11 years have already passed since it acquired the real right similar to superficies, but the real right similar to superficies was acquired by openly occupying the base of the grave for 20 years. Thus, the above assertion is groundless.

However, the plaintiff's claim of the principal lawsuit is with merit without further proceeding to decide on the remaining issues, and therefore, the original judgment is just and the defendant's appeal is without merit. Thus, the original judgment is dismissed in accordance with Article 384 of the Civil Procedure Act, and it is so decided as per Disposition by applying Articles 95 and 89 of the same Act with respect to the bearing of the costs of lawsuit.

Judges Song-young (Presiding Judge) Kim Young-ju Kim Young-young