The other party eligible to file a claim for the infringement of ownership

In filing a claim for removal of a grave, based on the ownership of a forest and land, the person who has the right to manage and dispose of a grave which could present the act of removing the infringement, since the installation of a grave has been accumulated.

Article 214 of the Civil Act

Man-si et al.

Defendant

Seoul High Court Decision 66Na496 delivered on August 8, 1967

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The plaintiffs' grounds of appeal are examined as to the plaintiffs' grounds of appeal. Even if the main grave installed within the forest owned by the plaintiffs was installed without the plaintiffs' title to oppose the plaintiffs, the plaintiffs' claim for the removal of the grave in this case with the basis for the ownership of the forest land should be made against the persons holding the right to manage and dispose of the grave in this case currently capable of the act of removing the infringement. Even though the defendant installed the grave in this case, since only the non-party who is the owner of the grave in this case has the right to manage and dispose of the grave in this case at the time of the closing of argument in the court below, only the non-party can be excluded from the act of infringement, and even if the defendant was the first witness, it cannot be said that the present person is a person who is infringing, and therefore there is no ground to criticize the original judgment by the opposing opinion.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu