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(영문) 서울중앙지방법원 2015.12.18 2014가단5333192
손해배상(기)
Text

1. The Defendant, in sequence, connects each point of the attached appraisal drawings 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 1, shall be 223 square meters in a ship.

Reasons

1. The plaintiff asserted that the plaintiff is the owner of the forest land in Gyeongcheon-gun C (hereinafter "the forest of this case"). The forest of this case is installed with the defendant's protocol, such as appraisal drawings A (the father of the defendant), B, C (the defendant's grandparents), and D (the defendant's appearance). The defendant is obligated to remove the grave and deliver the land to the plaintiff, deliver the land, and pay 40 million won in total as mental consolation for the compensation for damages incurred by the installation of the grave and for unjust enrichment.

2. Determination

A. We examine a claim for removal of a grave and delivery of land, and since the defendant without any title owns a grave on the forest of this case, which is the plaintiff's possession, the defendant is obligated to remove the grave and deliver the land to the plaintiff, barring any special circumstances.

However, as to the part of the base of a grave which was installed on the land owned by another person for twenty (20) years even if the grave was installed on the land owned by the other person without the owner’s permission, and for the part of the grave which was installed in a public performance for the peace and for which the necessary protection of the grave was occupied, the right to grave base is not established by prescription (it does not mean that the right to grave base is not established because it was installed in violation of the regulations on cremation and Burial, Burial, Burial, Burial, Graveyard, etc. of the Japanese colonial era, or the Act on the Burial, Burial, Burial, Graveyard, Graveyard, etc.). In light of the overall purport of the statements and arguments set forth in subparagraphs B through 5, B, C, D, which is the grave of grandparents and sc, as of the date of the installation of the grave, for twenty (20) years or more from January 30, 1983, and April 28, 198, the right to grave base was established under the customary law.

(a) The part installed has not elapsed since 2005. Accordingly, the defendant shall remove a grave indicated in the attached appraisal drawings.

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