1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 1750,400 won to the plaintiff and this shall apply to the plaintiff.

1. Facts of recognition;

A. The instant land is the land on which the Defendant completed registration of initial ownership on November 16, 1993, and the Defendant installed two graves (hereinafter “the instant grave”) in the occupied part of the instant land.

B. The Plaintiff acquired ownership on May 25, 2006 by winning the instant land at the auction procedure for the compulsory auction procedure at the Changwon District Court through the Changwon District Court D, and completed the registration of ownership transfer on May 30, 2006.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, result of a request for measurement appraisal by the court of first instance for appraisal, purport of whole pleadings

2. Determination

A. 1) In a case where a grave is installed on one’s own land and the ownership of the land is transferred to another person by a compulsory auction, etc., the owner of the grave shall be deemed to have acquired the right to grave base, which is a real right similar to superficies for the possession of the grave on the said land (see, e.g., Supreme Court Decisions 76Da1359,1360, Oct. 26, 1976; 2015Da206850, Jul. 23, 2015). In a case where the right to grave base similar to a customary statutory superficies has been established, Article 366 of the Civil Act: Article 366 of the Civil Act: Where the land and the building on the ground of the auction of mortgaged belongs to another owner, the landowner shall be deemed to have established the superficies against the building owner.

However, the rent shall be determined by the court at the request of the parties.

In analogical application of the proviso, the grave owner is liable to pay the land rent to the landowner.

I would like to say.

If there is no agreement between the parties, the court shall determine the rent at the request of the parties, but the payment of the rent may not be claimed before the land owner decided the rent, but the court may request the payment of the rent immediately on the premise that the court decides the reasonable rent.

In this case, the court will pay for the reasons of the judgment.