1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff is the owner of C, 939 square meters of forest land at permanent address, and is seeking removal of the grave and transfer of the area occupied by the grave against the Defendant who owns two graves on a part of the land.

If a person who has installed a grave on his own land, trades the land without reservation of the ownership of the grave base, or separate relocation of the grave, after doing so, the grave owner shall acquire the right to grave base for the land to own the grave.

(See Supreme Court Decision 2002Da59375 Decided December 27, 2002, and Supreme Court Decision 2005Da61065 Decided January 12, 2006, etc.). According to each of the evidence Nos. 1 and No. 1, the defendant, as the owner of the above real estate, owned two graves on the ground. However, around June 2010, the defendant sold the above real estate to the plaintiff and the non-party D with KRW 90 million on the ground, and the defendant, as a special agreement, sold the said real estate to the plaintiff and the non-party D with KRW 90 million on the ground. In light of the above legal principles, the defendant acquired the right to graveyard on the second ground of the grave.

Therefore, the plaintiff's assertion to the different purport is without merit, and the plaintiff's claim is dismissed. It is so decided as per Disposition.