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(영문) 대전지방법원 천안지원 2018.09.19 2017가단111822
납골묘굴이(철거)
Text

1. The Defendant is in each of the following points: (a) No. 1, 2, 3, 4, and 1 of the Map No. 1, 2, 3, 4, and 1 of the 18,420 square meters of the forest land in the

Reasons

1. In full view of the overall purport of pleadings as a result of the survey and appraisal of evidence Gap evidence Nos. 1-2, Gap evidence Nos. 1-2, Eul evidence No. 2, Eul evidence No. 5, and Eul evidence Nos. 9, and the result of the examination and appraisal of the Korea Land Information Corporation in the Republic of Korea, as to the portion of 19,785/26,380 square meters among the forest land No. 18,420 square meters (hereinafter "the forest land of this case") in Yandong-gu, Yandong-gu, the registration of ownership transfer under the name of each plaintiff on June 26, 2017 for the remaining 26,380/6, and 6,595 portion of the land of this case was made. The defendant is obligated to remove the stone of this case and the stone No. 1-2, 3, 4, and 11 of the forest land of this case, and to recognize the removal of the stone of this case and the stone No. 37.

2. The judgment on the defense is that the forest of this case is owned by the defendant as a Class D, and the defendant as a lineal descendant was built on December 2, 2002 in the cemetery part of this case in the forest of this case. At the time of the transfer, the defendant, as one of the joint owners of the forest of this case, has a legitimate right to continuously occupy the cemetery part of this case, and the right to grave base on the grave site of this case has also been established. Thus, the defendant's claim cannot be complied with, since the defendant, as a lineal descendant, was built on December 2, 2002 in the cemetery part of this case.

As seen earlier, the forest land of this case is not owned by the defendant's clan but owned by the plaintiff. Even if the defendant was installed as the charnel of this case, and one of the joint owners of the land at the time of the establishment, the forest land of this case is a grave protection so long as the owner of the land was changed.

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