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(영문) 울산지방법원 2020.05.07 2019가단110673
분묘철거 등
Text

1. Defendant D is not less than 3,859 square meters of forest E in Ulsan-gun, Ulsan-gun, the Plaintiff:

(a)Attachment 23, 24, 25, 26, 27, 28, 29, and 29.

Reasons

[Main Claim against Defendant D]

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act.

1. A grave is inherited by a person who leads to a decedent’s death buried in the grave pursuant to Article 1008-3 of the Civil Act.

The deceased co-inheritors shall be first determined by an agreement among the co-inheritors of the deceased, and in cases where the agreement is not reached, unless there are any special circumstances making it impossible to maintain the status of the deceased, the head of the deceased's son (in cases where the head of the son has already died, the son's son, i.e., the head of the son), and in cases where there is no son among co-inheritors, the son's son will be the son(s) of the deceased (Supreme Court en banc Decision 2007Da27670 Decided November 20, 208). 2. A-1 of evidence No. 4-1 and the purport of the entire arguments in each statement in evidence No. 7, each grave recorded in the main text appears to be a deceased F and net G, and the fact that the son as the head of the deceased was the son(s) of the deceased can be acknowledged.

According to the above facts, Defendant D is a person who has the right to manage and dispose of each of the above graves and bears the duty to remove each of the above graves and deliver the land to the Plaintiff, who is the landowner.

3. If so, as long as citing the primary claim against Defendant D, the conjunctive claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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