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(영문) 춘천지방법원원주지원 2014.11.13 2014가단3398
분묘굴이
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 2, 1998, Defendant C completed the registration of ownership transfer of the instant land under its name with respect to D Forest land 11,688 square meters (hereinafter “instant land”). On January 31, 2008, Defendant C completed the registration of ownership transfer with respect to the instant land on the ground of sale on June 20, 207 to the wife Nonparty E., the wife, and the Plaintiff completed the registration of ownership transfer with respect to the instant land on the ground of sale. The Plaintiff paid the instant land after receiving a successful bid during the voluntary auction procedure with the Chuncheon District Court’s original branch for the instant land, and paid the price, and completed the registration of ownership transfer with respect to the instant land on October 4, 2012.

B. Defendant B was the husband of Nonparty E and the Defendant C, and Nonparty G, the father of Defendant B, died on December 3, 1996, and Defendant B, with the consent of Defendant C, installed a tomb up to 225 square meters inside the ship, which successively connected each of the points of Nonparty B’s land, with the consent of Defendant C, and with the consent of Defendant C, installed a tomb up to 1,2,3,4,5,6,6,7,7,8,99, and 1.

C. On January 18, 1998, Nonparty H, the father of Defendant C, died, and Defendant C installed a grave up to the part of the instant land.

(2) Each of the statements and arguments set forth in the above paragraph (b) and the grave set forth in this paragraph (hereinafter referred to as "each of the instant graves") / [Recognizing the facts ] Gap's 1, 3, and 4, Eul's 1, Eul's 1, and 5 (including each number, if any), and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to excavate each of the instant graves within the instant land portion to the Plaintiff, and deliver the instant land portion to the Plaintiff, barring any special circumstance.

B. The Defendants’ defense of the right to grave base 1) In the event that Defendant B’s land, which is the base of the right to grave base, is owned by a person other than the landowner of the grave, if the said landowner consented to the installation of the grave against the landowner, the right to grave base (the right to grave base) similar to superficies for the grave owner.

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