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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the area of 3,190 square meters prior to C in Jung-Eup-si, and part of which is the Defendant’s large part of the land and the Defendant’s father and father D have a grave.
D b. (Death of May 20, 2003)
The defendant is still living both his children and the defendant's punishment against the defendant's great son's children and the defendant's spouse.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The main point of the assertion is that the Defendant is a management and disposal authority for graves, such as D installed on the Plaintiff’s land surface, and is obligated to deliver the land to the Plaintiff, who is the landowner, and remove the above ground objects, including graves.
B. In order to file a claim for removal of a grave based on ownership of a forest and land, it is reasonable to view that the right to protect and manage the grave of a ship generally belongs to his/her descendants, except in special circumstances where he/she cannot maintain his/her status as the person in charge of the removal of the grave, since the installation of the grave was accumulated in order to file a claim for removal of the grave.
(See Supreme Court en banc Decision 2007Da27670 Decided November 20, 2008, which held that the deceased’s co-inheritors should first be determined by an agreement, is not applicable in cases where the succession of the property for use was made prior to the date the above judgment was rendered.
However, the defendant merely appears to be the south of D, and the evidence submitted by the plaintiff alone is difficult to recognize that the defendant is the person entitled to manage and dispose of the grave of this case, and there is no other evidence to acknowledge it.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.