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1. Of the land size 1,707 square meters in Goyang-gu Incheon Metropolitan City E-1,707 square meters in order to the Plaintiff, each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 is indicated.
Reasons
1. Basic facts
A. 1) On March 14, 2006, the area of G 3,414 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-si was divided into 1,707 square meters in G forest, and 1,707 square meters in E forest. 2) on March 23, 2006, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Incheon, divided into 89 square meters in E forest, 705 square meters in H forest, 622 square meters in I forest, 291 square meters in J forest, and 291 square meters in J forest.
B. 1) On July 21, 1971, K completed the registration of transfer of ownership with respect to 3,414 square meters of Goyang-gu G forest in Goyang-gu, Goyang-gu on July 21, 1971, and on June 1, 1993, L and three other parties purchased the above land at the auction procedure, and M and N purchased the above land in sequence on October 17, 2001 and completed the registration of transfer of ownership. 2) On May 16, 2011, Q and Defendant B purchased the instant land at the auction procedure on May 16, 201 through N,O, P through Q and Defendant B purchased each of the instant land from Qu and D on May 22, 2016 and completed the registration of transfer of ownership by purchasing each of the instant land shares from Qa/4 on November 22, 2016.
C. 1) The instant land was installed F’s grave that died on July 12, 1973, and the Plaintiff is the mother F and R’s mother F and his father. 2) After the Plaintiff installed a net F’s grave on the instant land, the Plaintiff buried the deceased R’s grave together, and the said combined grave is in the form of a single subdivision.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10 (including branch numbers, if any) and the purport of the whole pleadings
2. In a case where the land, which is the basis for judgment, is owned by a person, other than the owner of a grave, if the owner of the land consents to the establishment of a grave against the owner of the grave, then the owner of the land shall be deemed to have established a real right similar to superficies for the owner of the grave. In such a case, the owner of the land shall be bound to limit the exercise of ownership on the land, which is the basis of the grave, to a reasonable extent necessary for the protection and management of the grave.