(영문) 춘천지방법원강릉지원 2014.12.05 2013가단11924

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(영문) 춘천지방법원강릉지원 2014.12.05 2013가단11924

분묘굴이 등

Text

1. The defendant is one of the items indicated in the attached Form 6, 7, 8, 9, 10, 11, 12, and 6 among the 4,463 square meters of the forest land in Gangseo-si, Gangseo-si.

Reasons

1. Basic facts

A. On February 10, 2011, the Plaintiff donated 4,463 square meters of forest land in Gangseo-si (hereinafter “instant forest”) from D and completed the registration of ownership transfer on February 21, 201.

B. Of the forest land of this case, one grave in which the Defendant’s grandparents were combined (hereinafter “instant grave”) is installed in the part “B,” which connects each point of the annexed map Nos. 6, 7, 8, 9, 10, 11, 12, and 6 in sequence.

C. From around 2008, the Plaintiff sent to the Defendant a proof of content that urged the Defendant to change the instant grave over several occasions.

[Ground of recognition] The facts without dispute; Gap evidence Nos. 1 through 4; Gap evidence Nos. 5 and 7 (including the branch numbers); the result of the measurement and appraisal of the branch offices of the Korea Cadastral Corporation; the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to excavate the instant grave to the Plaintiff and deliver the said “B” part to the Plaintiff.

B. As to this, the Defendant asserted that the instant grave was installed at the time of the Defendant’s death in around 1956, and that there was no fact that the Defendant moved to another grave, but at least there was no fact that the instant grave was moved to another grave.

Therefore, the evidence presented by the Defendant alone is insufficient to acknowledge the above assertion. Rather, according to each image of the evidence No. 7, it is confirmed that the airline library taken the location of the instant grave around 2005 had a forest left at the present location of the grave. On the other hand, it is confirmed that the airline library taken the location of the instant grave around 2008 had a tree removed and that the grave was installed at around 2007. Thus, it is reasonable to view that the instant grave was newly installed at the time of the Defendant’s death around 207.

The defendant's early graves were installed adjacent to the sloping road under the instant graves.

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