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(영문) 부산지방법원 2016.06.21 2014가단238627
분묘발굴, 이장청구 등
Text

1. The defendant shall be the plaintiff.

A. Of C Forest land 28,959 square meters at permanent address, the sequence 25, 26, 27, 28, 29, 30, 31 in the annexed Form.

Reasons

1. Facts of recognition;

A. The deceased D (Death of August 13, 1947) and the deceased E (Death of May 13, 1953) were dead, and the deceased D was dead, a simple siblings, and the network G (Death of September 25, 1987) and the network G (Death of February 3, 1980) as children. The plaintiff was the children of the deceased F, and the defendant was the children of the deceased G, and the plaintiff and the defendant were the children of the deceased G.

B. On June 9, 1939, the network D and network E completed the registration of ownership transfer as to co-ownership share of 1/2 with respect to C Forest land 28,959 square meters (hereinafter “the instant forest”).

Since then, on October 10, 1947, the shares in the deceased D's name were transferred to the deceased F's Government on February 19, 1949 on the ground of the deceased's inheritance, and the transfer registration was completed on January 12, 1988 on April 19, 198 on the ground of the inheritance of the property.

C. On February 5, 1980, the Defendant installed a net G grave in the instant forest land upon the death of his father G. D.

On the other hand, among the forest land of this case, a tombstone for the Defendant’s parents (hereinafter “instant tombstone”) is installed in the area of eight square meters connected in sequences 25, 26, 27, 28, 29, 30, 31, and 25 of the annexed drawings among the forest land of this case, and the area of the instant tombstone was created in the area of 769 square meters connected each of the above drawings, which is 20, 21, 22, 23, 24, and 21 square meters around the instant tomb.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, Eul evidence 4-2, the result of the survey and appraisal on the permanent branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) installed a net G grave, which was put up to the Defendant’s forest land, with the Plaintiff’s permission of the deceased’s father, but around November 201, when the Defendant’s mother died, the Defendant changed the deceased G’s grave to the upper part of the grave installed without the Plaintiff’s permission, and created the instant cemetery.

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