1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 1, 2001, the Plaintiff registered the transfer of ownership on the ground of sale on January 19, 2001 with respect to one-third share of C Forest land 16,463 square meters (hereinafter “the instant forest”).

B. On the ground of section 90 square meters on the ship (A) that connects each point of Section 1, 2, 3, 4, 1, and 90 square meters (hereinafter “the occupied part of this case”), among the forest land of this case, the grave “three times” and “three times” among the grave location map No. 7 of the Defendant’s mother-friendly D (hereinafter “the deceased”).

C. The above D died on April 13, 1992, and the defendant protects and manages the above grave from the time of the installation of the grave to the south of the deceased. [The facts that there is no dispute over the grounds for recognition, the entries of evidence Nos. 2, 4, 5, and 7, and the purport of the whole pleadings, as a whole.

2. The parties' assertion

A. Since the Defendant without title installed and managed the instant grave on the instant forest owned by the Plaintiff without title, the Defendant is obligated to excavate the said one grave, deliver the occupied part of the instant grave to the Plaintiff, and pay KRW 3,00,000 to the said occupied part as unjust enrichment.

In addition, the Defendant removed pine trees, etc. planted in the course of creating the instant grave without permission, and the Plaintiff spent a large amount of expenses in the course of finding the grave owner, etc., and suffered mental damages in the process, and thus, the Defendant shall pay KRW 10,000,000 as compensation for damages.

B. Around April 13, 1992, the Defendant’s death, installed the instant grave, and occupied it in a peacefully and openly for not less than 20 years, thereby prescriptively acquiring the right to grave base for the occupied portion.

3. Determination

A. According to the above facts, the defendant who occupies the grave of this case, based on the determination of the ground for one claim as to the removal of graves and the claim for the delivery of land, barring special circumstances.