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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Grounds for claiming the plaintiff
A. On July 26, 2013, the Plaintiff acquired the ownership of 11478 square meters of the Guro-gu Seoul Metropolitan Government D Forest Land (hereinafter “instant land”)’s 1/2 share through a voluntary auction. On September 30, 2013, the Plaintiff acquired the ownership of the remainder of 1/2 shares of the instant land by dividing the jointly owned property on September 30, 2013.
B. Defendant B’s paper association has installed and managed each grave on the part on the part on which the attached drawing is indicated, and the part on the part on which the attached drawing is indicated, and each grave is installed and managed, without any title.
C. The Defendants are obligated to deliver to the Plaintiff the parts of the attached drawing, e.g., (b) land caused by the occurrence, and to pay to the Plaintiff the amount equivalent to KRW 300,000 per month from the date of acquisition of the Plaintiff’s ownership, (c) the attached drawing is indicated from the date of acquisition of the Plaintiff’s ownership, and (d) the Defendant Category C shall be paid the difference equivalent
2. Determination
A. In order to file a claim for removal of a grave based on ownership of forests and fields, it is reasonable to deem that the installation of a grave was accumulated and the person holding the right to manage and dispose of the grave. In the event of a son’s son, it is generally deemed that the right to safeguard and manage the grave of a ship is its son, except in extenuating circumstances where the son’s status cannot be maintained. Thus, in order for a person who is not a son to hold the right to manage and dispose of the grave as the son, it should be recognized that there are special circumstances where it is impossible to maintain the son’s status as the son.
(see, e.g., Supreme Court Decision 95Da51182, Sept. 5, 1997). If, in reality or in customs, a family member, who is the family head heir, has the right to the protection or the religious rites of a grave, his right is exclusive to the descendants, and it shall not be involved in the descendants or the clans other than the descendants.
Supreme Court Decision 2005Da44114 Decided June 28, 2007