1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the defendant when the principal lawsuit and counterclaim are filed.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 5, 2013, the Plaintiff completed the registration of ownership transfer on the ground of sale on May 10, 2013, with respect to C orchard 11,348 square meters (hereinafter “instant real estate”).

B. The instant real estate and a grave (hereinafter “the instant grave”) set up by the Defendant’s Ma (hereinafter “the deceased”), which is the land adjacent thereto, around July 27, 2013, the part of the instant grave was damaged by the Plaintiff, among the Dos in which F, who leased the instant real estate from the Plaintiff, installed a drainage pipe for planting landscape trees.

C. On August 9, 2013, F paid to the Defendant KRW 35 million for damages incurred by the damage of the instant grave.

On September 8, 2013, the Defendant newly installed tin and tin. At present, part of the instant grave is on the part “A” which connects each point of the instant real estate with the indication of drawings Nos. 1, 2, 3, 4, 5, and 1, and the said part “A” (hereinafter the said tin) is installed in the said part.

E. On the other hand, the deceased died on February 29, 1980, and only the defendant, who is the son, was the son.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6, 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 6, Eul evidence and video, the court of the first instance for the request for surveying and appraisal to the director of the Chungcheong branch office of the Chungcheongbuk-do headquarters of the first instance court, the purport of the whole pleadings

2. Determination on the main claim

A. In order to file a claim for removal of a grave based on the ownership of the forest land to determine the cause of the claim, the installation of a grave shall have been accumulated and shall be done against the person holding the right to manage and dispose of the grave, except in special circumstances where he/she cannot maintain the status of the person stationed in the grave.