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(영문) 대구지방법원 경주지원 2018.07.10 2017가단13888
분묘굴이등 청구의 소
Text

Of the 51,538 square meters of C forest land in racing-si, the Defendant has indicated 69, 70, 71, 72, 73, 74, and 69 respectively.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 4, 5, and Eul evidence Nos. 1 and 2 (including paper numbers), the results of this Court’s request for surveying and appraisal of the Korea Land Information Corporation and the purport of all pleadings.

On October 5, 1950, D completed the registration of ownership transfer on October 26, 1981 with respect to the land of 51,538 square meters (hereinafter “instant land”) for the purpose of sale and purchase, and upon the death of D, the Plaintiff completed the registration of ownership transfer on May 28, 1994 on May 25, 2005.

B. The defendant is the 20-year-old descendants of the E clan and the children between the net F and the net G, whichever is the head of the E clan.

C. Of the instant land, the attached reference also connects each point of the 69, 70, 71, 72, 73, 74, and 69 indicated in the following order: (b) the Defendant’s father, and his mother, are graves of the deceased G (hereinafter “graves 1, 2”) and the attached reference also connects each point of 79, 80, 81, 82, and 79 square meters in sequence; (c) the part of the instant land (c) part 70 square meters in the ship connects each point of 70 square meters in line with the Defendant’s father, the father of the deceased G, and the mother of the deceased G (hereinafter “b). The attached reference also connects each point of 75, 76, 77, 78, and 75 square meters in line with the attached reference also to the 70 square meters in line with the 63 square meters in line with each subparagraph (d) of the 63 square meters in line.

Before the death of F, the Defendant, along with F, managed the graves 1, 2, 3, and 4, and sent the death of the deceased, and even after the death of F, the Defendant managed each of the above graves up to now and kept the deceased.

2. Summary of the parties' arguments

A. Since the Defendant, without the Plaintiff’s permission, installs, or manages, and preside over, a grave 1,2,3, or 4 on the instant land without the Plaintiff’s permission, and without title, occupies the parts of the attached reference to the grave site (b), (c), or (d). As such, the Plaintiff must excavate each of the above graves to the Plaintiff and deliver each of the above parts of the land.

B. The Defendant’s land in this case was the E’s literature.

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