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1. The Defendant’s KRW 10,430,00 for the Plaintiff and 5% per annum from November 8, 2014 to July 7, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff’s grave management 1) is the south of the network C, the network C is the south of the network D, and the network D is the south of the network E. 2) The Plaintiff has managed the Plaintiff’s one grave set up in F forest in Y during the Masan-si, the Masan-si, and one grave set up in G, the Plaintiff’s evidence E and its denial (hereinafter collectively referred to as “each of the instant graves”).
B. On November 8, 2014, around 09:00, the Defendant, who damaged the Defendant’s grave, removed each of the of the instant graves, which had no tombstones, seatstones, tombstones, or stone sheds, and paid KRW 1,200,00 to the funeral’s death, and excavated the remains buried in the instant grave along with the funeral’s death.
C. On July 31, 2015, the Plaintiff filed a complaint against the Defendant not to institute a disposition of non-prosecution against the Defendant as the crime of excavating a grave. However, on July 31, 2015, the Daejeon District Prosecutor’s Office in the Daejeon District Public Prosecutor’s Office found each of the instant graves to have been excavated intentionally, and it was difficult to view that the Defendant intentionally excavated and damaged each of the instant graves due to lack of evidence
[Evidence Evidence] Evidence No. 1 to 4, Evidence No. 1 to 1, the purport of the whole pleadings
2. Determination
A. In the case of a grave in which liability for damages was created, a person who leads to the ownership of a decedent buried in that grave pursuant to Article 1008-3 of the Civil Act, and the third person shall first be determined by an agreement among co-inheritors of the deceased, but in the absence of such agreement, the head of the deceased’s son (the son of the son, i.e., the son of the son) shall be the son of the deceased (the son of the son in case the son was already deceased) unless there are special circumstances that make it impossible to maintain the status of the son, and in the absence of a son among co-inheritors, the son of the deceased shall be the son of the son.