1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1, 5, and Eul evidence Nos. 1 to 4 (including each branch number, if any):

On August 10, 2015, the Plaintiff purchased 1/3 shares out of C Forest land 43,240 square meters (hereinafter “instant land”) in Ansan-si, Dong-si (hereinafter “instant land”) and completed the registration of ownership transfer on August 11, 2015.

B. On the ground (b) part 173 square meters (hereinafter “the part”) which connects each point of the separate sheet No. 74, 75, 76, 77, and 74 among the land of this case, one grave (hereinafter “the grave of this case”) of the defendant’s lighting net E (hereinafter “the deceased”). The grave of this case was installed around December 13, 1930 when the deceased died.

C. The Defendant, as the son of the Deceased, currently manages and protects the instant grave as the son of the Deceased.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, unless there are other special circumstances, the defendant has a duty to excavate the grave of this case to the plaintiff who is the owner of the land of this case and to deliver the part to him.

B. The summary of the Defendant’s assertion 1) as to the Defendant’s assertion, the Defendant acquired the right to grave base by occupying the grave base in a peaceful and open manner for at least 20 years, and thus, is unable to comply with the Plaintiff’s claim. 2) A) In the event that a grave is installed on another’s land owned by another person without the owner’s permission, the Defendant shall obtain by prescription the right to grave base, which is a real right under the customary law similar to superficies, if possession of the grave base in a peaceful and open manner for twenty (20) years (see, e.g., Supreme Court Decision 96Da14036, Jun. 14, 1996). In light of the above fact-finding, the Defendant, as a son’s accessory hand, can be recognized as a fact of managing and defending it in a peaceful, openly and openly for at least twenty