1. The defendant is not less than 16,760 square meters among the forest land G 16,760 square meters for the plaintiffs in Gyeong-gun

(a) the attached appraisal maps 1, 2, 3, 4, 5;

1. Facts of recognition;

A. On September 11, 1993, A completed registration of preservation of ownership with respect to the forest land of 16,760 square meters (hereinafter “instant forest”).

B. B. Prior to the registration of ownership preservation, the Defendant had increased the appearance of the Defendant, and the graves of the referring were installed on the instant forest land.

On the other hand, on July 1, 1999, the defendant prepared and delivered a letter to the effect that if the defendant's mother dies, the above grave will be removed.

C. In around 2014, the Defendant installed a native grave, etc. on the instant forest land as the mother-child died.

현재 이 사건 임야상에는 피고의 위 증조모, 부모들의 분묘로서 별지 감정도 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㄱ의 각 점을 순차로 연결한 선내 (가) 부분 109㎡ 지상에 분묘 2기, 둘레석 2기, 상석 1기, 경계석들, 같은 감정도 표시 ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ, ㅇ의 각 점을 순차로 연결한 선내 (나) 부분 155㎡ 지상에 분묘 1기, 둘레석 1기, 경계석들이 각 설치되어 있다

(hereinafter referred to as “instant grave, etc.”) e.

A filed the instant lawsuit against the Defendant, and A died on January 28, 2020, during which the lawsuit was pending, and A taken over the lawsuit by Plaintiff C, D, and E, who are his wife, Plaintiff B, and children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5, 7, and 8, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the defendant is the owner of the instant grave, etc. installed without title on the forest land of this case and without possession of the relevant forest land, the defendant is obligated to remove the instant grave, etc. to the plaintiffs, who are the successors of the network A seeking the exclusion of interference based on ownership, and deliver the above (a) and (b) as the site.

B. The judgment of the defendant regarding the defendant's assertion is received by the defendant's parents upon the request of the former owner of the forest of this case.