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(영문) 서울중앙지방법원 2017.09.05 2017가단5003959
분묘기지권 확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

2. Claim for counterclaim.

Reasons

1. Basic facts

A. As to the 3,467 square meters of G forest in Suwon-si, Suwon-si, Suwon-si, H forest, 17,684 square meters of H forest, 17,684 square meters of F forest, and 1,965 square meters of equity in Defendant E on January 26, 2006, the registration of ownership transfer of 85/100 of equity in Defendant C on August 18, 2009, and 785/100 of equity in Defendant D on March 17, 2017 was completed. As to the 3,467 square meters of equity in Defendant E on March 17, 2017, the registration of ownership transfer of H forest and 17,684 square meters was completed in Defendant D in the future, F forest and 1,965 square meters.

B. Among the 3,467 square meters of G forest in Suwon-gu, Suwon-gu, Suwon-si, a 17,684 square meters of the attached drawing, each of which was installed on the 495 square meters of the attached drawing, and each of which was installed on the 1,965 square meters of the attached drawing among the 495 square meters of the 1,967 square meters of the attached drawing, and the 1,965 square meters of the attached drawing was installed on a ship connected with each of the 1,2,3,4, and 1.

C. Since each of the above graves and tombstones was installed, the Plaintiff’s shipbuilding and the Plaintiff occupied each of the above graves, their base and tombstones while defending and managing them.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 15 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. We examine the principal lawsuit and counterclaim together.

As a principal claim, the Plaintiff is a person who installed a grave on his own land and transfers the land to another person, or a person who acquired by prescription the right to grave base (preliminary assertion). The Plaintiff sought confirmation of the existence of the right to grave base within the scope stated in the claims of the principal claim. The Defendants asserted that the scope of the loss or establishment of the right to grave base is excessive, and Defendant C seeks removal of the tin stated in the claims of the counter-claim as a counterclaim.

The right to grave base shall not only extend to the base itself (the lower part of the grave) but also to the area including the vacant land around the base of the grave to the extent necessary for the protection and removal of the grave, and its definite scope is each specific.

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