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(영문) 의정부지방법원 2018.10.30 2017가단23738
부당이득금반환 등
Text

1. The Defendant shall pay KRW 26,500 to the Plaintiff as well as 5% per annum from November 3, 2017 to October 30, 2018, and the next day.

Reasons

1. Basic facts

A. Around 1956, C Forest land 21,124 square meters was divided into D Forest land 9,322 square meters and E forest land 11,802 square meters.

B. D Forest land registration of preservation of ownership in F in 1956, registration of relocation in G in 1964, registration of relocation in H in 1966, and registration of relocation in H in 1966, which was after cadastral restoration in 1969, was completed in the defendant's future in 1986.

C. E Forest land (hereinafter “the forest land of this case”) had completed registration of preservation of ownership in the Plaintiff’s clan I and six others in 1966, and the registration of relocation was completed in the Plaintiff’s future in 1985, which was after the cadastral restoration in 1969.

The following graves are installed in the forest land of this case:

According to the attached drawing of the line of a grave, 16 JJ/K 116 20 23, 242 net H/L 12 17 17 21, 22, 3 net M/N 15 19/25, 264 net M/P 138/27, 285 net Q 14, 285 net M/W 14, 264

E. (1) On March 11, 2013, the Defendant filed a lawsuit against the Plaintiff for the completion of the prescriptive acquisition of the instant forest and seeking the registration of ownership transfer. On December 18, 2013, the Plaintiff filed a counterclaim against the Defendant to seek the restoration, removal, and delivery of the portion of the graves, etc. installed in the instant forest and field.

Luxembourg In the instant case, the Defendant’s possession of the instant forest was not recognized, but it was recognized that he/she safeguarded and managed three graves and attached facilities, including joint burials of J/K, joint burials of H/L, and graves of Q, etc.

[Case] [Korean Government District Court Decision 2013Gahap2495 (Main Office), 2013Gahap13280 (Counterclaim) decided January 15, 2015; hereinafter referred to as “Prior Case”). Evidence Nos. 1 through 5, 8, and 1

2. The assertion;

A. The Defendant’s father, the Defendant’s father of the instant forest that caused the Plaintiff’s claim, established J-K’s joint burials, etc. in the instant forest that had been created, and the Defendant, after the Defendant donated D forest, installed a joint grave for H/L in the instant forest and owned the entire forest by installing Qin grave, etc.

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