1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Defendant is the managing authority of the land of this case, each of which is “each of the forest of this case,” respectively, and “Yyang-si, Yangyang-si, Yangju-si, Yangyang-si, Yangyang-si, Seo-gu, Seoul-do, 381,785 square meters of land and 81-1 forest and 305,058 square meters of land (hereinafter referred to as “the forest of this case”).

B. The Plaintiff occupied the part of 11,948 square meters and the part of 305,058 square meters of forests and fields in Yangyang-si, Yangyang-si and 481,785 square meters of forests and fields as the site for the “Yacheon-si, Cheongyang-si, Cheongyang-si, which is managed by the Plaintiff.”

C. On June 30, 2017, the Defendant: (a) imposed KRW 74,197,070 on the Plaintiff for compensation in relation to high-sea forests and fields; and (b) KRW 4,949,260 for compensation in relation to both weeks, on the grounds that the Plaintiff occupied the said part without permission from May 23, 2012 to May 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 4 and 5, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendant occupied the Plaintiff’s land without permission and acquired the right to grave base on the ground of the graveyard in the area of 8,548 square meters and the area of 1,424 square meters among the area of 11,94 square meters of forests and fields in Yangyang-si, Yangyang-si and the area of 2,768 square meters of forests and fields in Yangju-si and 2,768 square meters, and the area of 1,424 square meters among the area of 11,548 square meters of forests and fields in Yangyang-si, which is a 53,083,072 [i.e., compensation for the said portion: 54,197,070 square meters x 8,548 square meters x 11,948 square meters) and the area of 2,546,151 won (=4,949,260 x 1,424/78 square meters) out of forests and fields];

(Plaintiff submitted a written withdrawal of the lawsuit on May 21, 2018, but the Defendant agreed to the withdrawal of the lawsuit on May 29, 2018.

Judgment

The right to grave base is a real right under the customary law, to use land owned by another person to the extent necessary to attain the purpose of protecting and sprinking a grave, and to exclude any interference of land owners or third parties.

Supreme Court Decision 201Da1448 delivered on December 23, 1994