logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.23 2017나65885
분묘기지권 확인
Text

1. The part concerning Defendant D and E in respect of the main lawsuit of the judgment of the first instance shall be modified as follows:

Reasons

1. The court of first instance dismissed the Plaintiff’s claim against Defendant D, E, and Defendant-Counterclaim Plaintiff and accepted the Plaintiff’s counterclaim claim against the Plaintiff. Since the Plaintiff filed an appeal only against Defendant D and E among the part concerning the principal claim of the judgment of the court of first instance and subsequently modified the purport of the claim against Defendant D and E, the subject of the judgment of the court of first instance is limited to the Plaintiff’s changed principal claim against Defendant D and E.

2. Basic facts

A. On March 17, 2017, the registration of ownership transfer was completed in the name of Defendant D with respect to H forest of 17,684 square meters in Suwon-gu, Suwon-si, Suwon-si, and the registration of ownership transfer was completed in the name of Defendant E with respect to G forest of 3,467 square meters.

나. 한편, 수원시 장안구 H 임야 17,684㎡ 중 별지 도면 표시 9, 10, 11, 12, 13, 9의 각 점을 순차로 연결한 선내 ㉠ 부분, 같은 도면 표시 26, 27, 28, 29, 30, 26의 각 점을 순차로 연결한 선내 ㉡ 부분, 같은 도면 표시 40, 41, 42, 43, 44, 45, 46, 40의 각 점을 순차로 연결한 선내 ㉢ 부분, 같은 도면 표시 56, 57, 58, 59, 60, 56의 각 점을 순차로 연결한 선내 ㉣ 부분 각 30㎡ 및 G 임야 3,487㎡ 중 같은 도면 표시 70, 71, 72, 73, 74, 75, 70의 각 점을 순차로 연결한 선내 ㉤ 부분 30㎡에는 각 분묘가 설치되어 있다

(hereinafter referred to as "each grave of this case" hereinafter referred to as the five above : 【The ground for recognition - No dispute exists; Gap evidence 9-1 and 2 - each image of Gap evidence 10 through 14 (including each number); the result of the commission of surveying and appraising the Korea Land Information Corporation of the trial court for the measurement and appraisal of the above five graves; the purport of the whole pleadings as a whole.

3. The assertion and judgment

A. The Plaintiff’s assertion 1) H forest and G forest in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant forest”).

On December 23, 1967, the Plaintiff, who is the head of the deceased A and the deceased, after acquiring the ownership of each of the instant graves of this case on December 23, 1967 (including five family members, including the deceased A, whose father is the deceased) and establishing the grave of this case, around 1968, has protected and managed each of the said graves.

arrow