1. The Defendant (Counterclaim Plaintiff) delivered the remains of the high tide C to the Plaintiff (Counterclaim Defendant).

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

1. Facts of recognition;

A. The Plaintiff, as the present grandchildren of the deceased C, manages the deceased C’s grave (hereinafter “instant grave”) and presides over the memorial company. The Defendant is the owner of the 3,770 square meters of woodland D in Yongnam-gun, Yongnam-gun (hereinafter “instant forest”). The instant forest was installed in the instant forest.

B. Around August 28, 2017, the Defendant reported the reburial of the instant grave to the office of Yong-Gun, Young-gu, Yongnam-gun, and issued a report on the reburial of the grave on August 30, 2017, and opened the instant grave between September 27, 2017 and September 30, 2017. After cremation the deceased C’s remains from “F” located in the erode of the south, the Defendant received and kept them on October 10, 2017.

(c) The provisions of the relevant Acts and subordinate statutes governing procedures for opening graves shall be as follows:

◎ 장사 등에 관한 법률 제27조(타인의 토지 등에 설치된 분묘 등의 처리 등) ① 토지 소유자(점유자나 그 밖의 관리인을 포함한다. 이하 이 조에서 같다), 묘지 설치자 또는 연고자는 다음 각 호의 어느 하나에 해당하는 분묘에 대하여 보건복지부령으로 정하는 바에 따라 그 분묘를 관할하는 시장등의 허가를 받아 분묘에 매장된 시신 또는 유골을 개장할 수 있다.

1. A grave installed on the relevant land without the consent of the landowner;

(2) Where the owner of land or the establisher or relative of a cemetery intends to open a grave under paragraph (1), he/she shall notify the establisher or relative of the grave of such intention in advance for a fixed period of not less than three months.

Provided, That where the relative of the relevant grave is unknown, such purport shall be publicly announced, and where the relative of the grave is unknown even after the period of public announcement expires, the remains shall be buried and treated after cremation for a certain period, and such fact shall be reported to the head of the competent Si, etc.