1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 19, 2013, the Plaintiff purchased 3,055 square meters (hereinafter “instant real estate”) from the Cheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, and completed the registration of ownership transfer. Thereafter, the instant real estate was divided into 454 square meters and 496 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-gun, and 496 square meters prior to D, 210 square meters prior to E, 210 square meters, 476 square meters prior to G, 15 square meters prior to H, and 909 square meters prior to I.

B. On the other hand, the Defendant, as the Defendant’s wife died around October 1982, installed a grave on the instant real estate and has been in possession of it until now.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including branch numbers, if any), Eul witness K's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, barring special circumstances, the owner of the instant real estate is obligated to remove the deceased J’s graves installed in the instant real estate and deliver the land corresponding to that portion to the Plaintiff, unless there is a special reason.

(1) The plaintiff asserts that the defendant has installed and manages three graves on the real property of this case, but there is no evidence to prove that the defendant has installed and managed two graves other than those of the JJ, and therefore the claim for this part is without merit).

As to the defendant's defense and judgment, the defendant acquired the right to grave base on the land where the above deceased J was installed, it is argued that the defendant has the right to occupy it.

The right to grave base, which is a customary real right similar to superficies, shall be acquired by prescription, in a case where a grave is installed with the permission of the landowner, or where a grave is installed with the permission of the landowner, or without the consent of the owner of the land owned by another person, for twenty (20) years, in a peaceful and public performance manner. As recognized by each of the above evidence, the Defendant’s right to grave base, which is a customary real right similar to superficies, has been established and up to the present day.