1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on June 23, 1983 on the instant land based on a donation made on January 7, 1983.

B. The Defendant owns each forest land of 4,698 square meters and G forest land of 15,885 square meters adjacent to the instant land.

C. Among the land in this case, there is a tombstone (hereinafter “the burial ground in this case”) on the ground of part 1,097 square meters in the part of the land in the ship connected with each point of 28,29, 30, 31, 32, 33, 34, 35, 36, and 28, which is indicated in the annexed drawing among the land in this case and the land in this case owned by the defendant, and the burial ground of this case (hereinafter “the burial ground in this case”). The burial ground in the part corresponding to the land in this case among the burial ground in this case, the burial ground in the attached drawing No. 5 (attached drawing No. 4), the burial ground (attached drawing No. 3), the grave (attached drawing No. 4), the grave (attached drawing No. 1), the grave of J (Attachment No. 2), and each part of the land in this case and the land owned by the defendant in this case (attached Form 1) are installed.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 4, and 6, Gap evidence 4, Eul evidence 3, 5, 7, and the purport of the whole pleadings

2. In order to file a claim for the removal of a grave based on the ownership of forest land to be determined on the Plaintiff’s claim, it shall be against the person who has the right to manage and dispose of the grave since the installation of the grave was accumulated (see, e.g., Supreme Court Decision 67Da2073, Dec. 26, 1967). In the event of a son’s loss, it is reasonable to view that the right to safeguard and manage the grave of a vessel generally belongs to the son, except in special circumstances where the son cannot maintain his/her status as the person in charge of the removal of the grave, and in order for a person, other than the son, to have the right to manage and dispose of the grave as the son’s owner, the son’s status cannot be maintained first.