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(영문) 대구지방법원김천지원 2016.04.21 2015가단2399
제3자이의 등
Text

1. The defendant is based on the executory exemplification of the judgment of Daegu District Court of Justice Kim Jong-tae, 2014Kadan1177 against D.

Reasons

1. Facts of recognition;

A. On August 19, 201, the Defendant purchased the instant forest from D, and completed the registration of transfer of ownership on October 6, 201, against D on November 26, 2011, and delegated the execution of the said judgment to the enforcement officer as prescribed by the court 2015No. 1833, on the basis of an executory exemplification of the said judgment, pursuant to the agreement with D, up to November 26, 2014, for three graves in the instant forest as indicated in the main text of the instant forest, to excavate three graves in the instant forest, and deliver the said three grave parts.

B. G graves are installed in the area of 20 square meters in the area of (A) and 20 square meters in the area of three graves within the above (b) part, and H graves are installed in the area of (c) 20 square meters in the south.

C. H was killed in around 1959, and the Republic of Korea was G, the Republic of Korea was G, and the Republic of Korea was J, the Republic of Korea was the Plaintiff of J, the Republic of Korea was the Plaintiff, and the Republic of Korea was the seller of the instant forest. D

H’s Namnam G died in March 20, 1979, and his south is Plaintiff B.

The forest land of this case was originally owned by I, who died around November 2, 1982, and the forest land of this case was originally owned by J, South Korea, due to the sale and purchase on November 2, 1979, and the registration of each ownership was completed on November 22, 1997 following the death of the above J on November 22, 1997. The forest land of H and G was installed with the consent of I in the year of their death.

[Reasons for Recognition] A1-1, A2-1, A2-1, A3-1, A4, A5-1, A6-1, 2, A10-1, A11-1 or 4, A12-1, A12-1, 2, A16-1, 3, 4, A19-1, A20-1, the purport of the whole pleadings

2. (1) In order to file a claim for removal of a grave based on the ownership of forest land, the installation of a grave shall have been accumulated against the person who has the right to manage and dispose of the grave, and in the event there is a loss on the old customary law, the person who resides in the grave cannot maintain his/her status.

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