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(영문) 창원지방법원거창지원 2016.09.06 2016가단1217
분묘굴이
Text

1. The defendant has each of the following points: 1, 2, 4, 3, and 1: (a) the attached drawings, among the land of 9,767 square meters in Gyeongcheon-gun, Gyeongnam-gun, Gyeongnam-gun

Reasons

1. On March 24, 2015, the Plaintiff indicated the claim, completed the registration of ownership transfer based on the sale on March 23, 2015, with respect to the share of 12870/14358, out of 4,290 square meters of D Forest land (hereinafter “instant land”). On May 8, 2015, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property on April 23, 2015 as to the share of 148/14358, out of the instant land.

On January 6, 2015, the Plaintiff completed the registration of ownership transfer on the grounds of sale on the same day with respect to forest E, 5,477 square meters in Sejong-gun. The said land was combined with the instant land on June 16, 2015, and the area of the instant land was increased to 9,767 square meters.

Of the instant land, there is a net F (attached Form 1), network G (attached Form 2), network H (attached Form 3) and network H’s grave (attached Form 3) on the ground of 410 square meters on the land (A), which connected each point of 1,2, 4, 3, and 10 square meters in turn, among the instant land. The Defendant, as the guide of F and H, protects and manages G graves, which are the front part of F, H, and F, respectively.

Therefore, as the management and disposal authority of each of the above graves, the Defendant, as the owner of the instant land, is obligated to remove three graves installed on the ground of 410 square meters on the part of the instant land among the instant land, and deliver 410 square meters of the land of the said grave to the Plaintiff.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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