1. All appeals filed by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) are dismissed.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of each request for the measurement and appraisal of Gap evidence Nos. 2 to 5, Eul evidence Nos. 1 to 3 (including the number of branches; hereinafter the same shall apply), the results of each survey and appraisal by appraiser E, the results of the on-site verification by the court of first instance, the results of the on-site verification by the court of first instance, the results of each request for the measurement and appraisal by the head of the Go Chang-gun branch office of the Jin Military Headquarters

The plaintiffs are F's children, and the defendant is K's Chok and H's head.

B. On November 30, 1971, G completed the registration of preservation of ownership on the 3rd 7th 7th Dasan-gun, J divided the above forests into the land in this case, the former North Chang-gun, and K, and L. Among them, the land in this case was sold to F on January 18, 1974 and the registration of ownership transfer was completed in F on April 18, 1974.

C. Meanwhile, around 1971, the Defendant installed the Defendant’s grave on the ground of the instant land, which was set up a H’s grave on the ground of the instant land, and around October 1993, the Defendant’s mother-friendly I grave (the instant grave) was installed on the right side of the said H’s grave.

The Plaintiffs completed the registration of ownership transfer on August 22, 2006 due to inheritance due to the agreement and division dated June 14, 2006 regarding the instant land.

E. The Defendant currently occupies and uses the part of the instant land among the instant land to safeguard and manage the Defendant’s graves and the instant graves.

2. According to the above facts of recognition as to the cause of the principal lawsuit, the defendant has a duty to excavate the graves of this case to the plaintiffs, except in special circumstances, since the defendant has occupied the part of the land of this case where the graves of this case are located, by installing the grave of this case without permission on the land of this case owned by the plaintiffs.

3. Judgment as to the defendant's defense against the main lawsuit and the cause of the counterclaim

A. The summary of the argument;