1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On March 31, 1990, the Plaintiff and E completed the registration of initial ownership as a 1/2 equity owner with respect to the land of 1,210 square meters (hereinafter “instant land”).

After July 27, 2015, the Plaintiff acquired all E’s shares in the instant land.

B. Two family seedlings of the Defendant (hereinafter “the instant grave site”) are installed on the ground of 91 square meters in part of “bb” in the ship connecting each point of 10, 11, 12, 13, 14, 15, 16, and 10 in sequence among the instant land, along with the indication of the attached drawings (hereinafter “instant grave site”).

[Ground of recognition] A without dispute, Gap evidence 5, 6, 10, Eul evidence 2 (including the number of each branch), Gap evidence 5, 6, 10, Eul evidence 2, the result of the commission of appraisal to the branch office of the Korea Cadastral Corporation in the first instance court, the testimony of witnesses G in the trial court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to excavate each of the instant graves to the Plaintiff, the owner of the instant land, and deliver the instant grave site to the Plaintiff, except in extenuating circumstances.

3. The defendant's assertion and judgment

A. 1) The Defendant’s assertion on the prescriptive acquisition of the right to grave base is defense to the effect that, around 1988, the Defendant: (a) installed each of the instant graves on and around twenty (20) years thereafter; (b) occupied each of the instant grave site in a peaceful and public performance; and (c) acquired by prescription superficies under the customary law for each of the instant graves at the expiration of twenty (20) years from the date of occupancy; (b) in a case where a grave was installed on the land owned by another person without the consent of the owner of the said grave, the Defendant acquired by prescription the right to grave base, which is a customary real right similar

(see, e.g., Supreme Court Decision 2011Da63017, Nov. 10, 201). Examining whether the Defendant occupied each of the instant graves for at least 20 years after the installation of each of the instant graves, the Defendant’s assertion is consistent with the foregoing.