1. The plaintiff's claim is dismissed.

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

On July 27, 2005, the Plaintiff acquired ownership of 3,273m2 (hereinafter “the instant forest”).

B between 1972 and 197, D, the Defendant’s attached, installed one grave (hereinafter “instant grave”) on the part (i) of 44m2 in the ship connected each point of the annexed map No. 9, 10, 11, 12, and 9, among the forest land in the instant case, and connected each point of the annexed map No. 9, 10, 11, 12, and 9.

The defendant's increased portion of the grave of this case is the defendant, and the defendant occupies and manages the grave of this case following D.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, 4-3, 4-3, 4-6 (including a Serial number; hereinafter the same shall apply), Eul evidence Nos. 4, the images of Eul evidence Nos. 4, and the result of the court’s entrustment of measurement and appraisal to the head of the Leecheon National Land Information Corporation and the branch office of the Republic of Korea National Land Information Corporation, based on the above facts acknowledged as a result of the court’s determination as to the ground for a claim of the whole purport of pleadings, the defendant occupies the part of the land in the dispute of this case, which is owned by the plaintiff, by protecting and managing the

On July 26, 1972, D, the defendant's argument as to the defendant's argument, had completed registration of preservation of ownership of the forest of this case, and installed the grave of this case on the land in the dispute of this case.

Since D lost the ownership of the instant forest, however, D and the Defendant occupied the instant grave with their intent to own it for about 40 years, and thus, occupied the instant land in dispute. As such, D and the Defendant acquired the right to grave base by prescription.

Judgment

The fact that, in cases where a grave was installed on another’s land for twenty (20) years, possession of the grave base by peacefully and openly, is acquired by prescription, which is a customary real right similar to superficies, has been recognized as a long-standing custom or practice, and such legal norm has been recognized as a legal norm.