1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff purchased the instant land on October 8, 2018 and completed the registration of ownership transfer on October 22, 2018 in the Jeonju District Court’s Gunsan-Support E Real Estate Auction.

B. The Defendant is the owner of the instant grave (hereinafter “instant grave”) such as the wings, dumpstones, etc. written in the purport of the claim on the ground of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant grave was amended by Act No. 6158, Jan. 12, 2000 (hereinafter “the Funeral Act”).

The prescriptive acquisition of the right to grave base cannot be recognized as it was installed after the enforcement of the said Act, without the landowner’s permission. Therefore, the Defendant is obligated to remove the instant grave and deliver the occupied portion to the Plaintiff. (2) The instant grave is illegally created in violation of the procedures relating to the installation of the grave under Articles 14, 17, and 18 of the Funeral Act, and it cannot be said that the right to grave base is established as it conflicts with the purpose of enforcement of the Funeral Act.

3. After the registration of the voluntary decision on commencement of auction on the instant land, the Defendant re-established the instant grave by installing a tombstone in the wingle, after the owner was changed.

The grave of this case is re-established after the establishment of the right to collateral security on the land of this case, and the legal right to graveyard is not established.

B. The Defendant alleged that the instant land was purchased and installed the instant grave immediately after March 2005.

The land of this case is to move the grave base of this case.

The sale of the grave at a voluntary auction procedure without any special agreement or agreement, and the defendant has the legal right to grave base for this purpose to the extent necessary for the protection and management of the grave of this case.

3. Determination

(a)in particular, if a grave is installed on the land owned by it and thereafter its owner becomes different by auction;