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1. The defendant shall set up four graves, among the 11,372 square meters of Pyeongtaek-si C Forest land, such as the attached Form No. 1, A2, A3, and A4.
Reasons
1. Basic facts
A. On April 30, 2013, the Plaintiff acquired ownership of KRW 11,372 square meters of Pyeongtaek-si C forest land (hereinafter “instant real estate”) in the discretionary auction procedure, and the Defendant is a son who manages four graves of the instant real estate as indicated in the attached drawing among the instant real estate.
B. On July 28, 2017, the Plaintiff filed a claim against the Defendant for rent based on the statutory superficies under customary law with this Court Decision 2016Da12316, which became final and conclusive as follows.
C
C. The Defendant deposited KRW 6,274,310 on August 31, 2017, KRW 174,40 on November 1, 2017, KRW 13:45:11 on November 30, 2018, and deposited KRW 1,232,00 on November 30, 201, and the duplicate of the instant complaint stating the purport of the claim for the extinction of legal superficies on the ground of payment of the land was served on the Defendant around 12:07 on November 30, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings
2. The amount of the land rents shall be determined by the court at the request of the parties, unless the parties concerned agree, so if a lawsuit is brought in respect of the amount of the land rents, the amount of the land rents cannot be deemed to have been delayed for reasons attributable to the person holding superficies before the amount of the land rents is determined by the court's judgment, and thus, the amount of the land rents cannot be deemed to have been paid for the person holding superficies until the amount of the land rents is determined by the court's judgment. However, as long as the land rents are determined by law, it shall be retroactively effective at the time of the establishment of the legal superficies. Therefore, the person holding superficies shall, at the request of the land owner, pay the land rents for the period before the creation of the superficies accrued before the date when the judgment on the designation of the land rents becomes final and conclusive, and if not, the person holding superficies shall not be exempted from paying the land rents for two