1. The plaintiff's claims against the defendants are all dismissed.

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

1. The fact that the land of Pyeongtaek-si E, 33,620 square meters of forests and fields owned by the Plaintiff, and the fact that one grave (hereinafter “instant grave”) owned by the Defendants is installed on the ground of part 46 square meters of “B” connected in the order of the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 among the above land (hereinafter “instant land”) is not in dispute between the parties or can be acknowledged based on the result of the commission of appraisal to the head of Pyeongtaek-si branch office of the Korea Intellectual Property Corporation in Gyeonggi-do.

According to the above facts, barring special circumstances, the Defendants are obliged to remove the instant grave and deliver the instant land to the Plaintiff in response to the Plaintiff’s request for exclusion of disturbance based on the Plaintiff’s ownership.

2. In a case where a grave is installed with the consent of the landowner’s determination as to the Defendants’ defense, the grave owner shall acquire the right to grave base and comply with such special circumstances as the parties have agreed with respect to the duration of the right to grave base. However, in the absence of such special circumstances, it is reasonable to interpret that the right holder continues to exist while the grave remains in existence.

(See Supreme Court Decision 2005Da44114 Decided June 28, 2007, etc.). In light of the health care unit, Eul evidence No. 1, and witness F’s testimony as to the instant case, the Plaintiff is a son of G, the Defendants are the son of G, and the Defendants installed the instant grave on the instant land with the Plaintiff’s consent (see, e.g., Supreme Court Decision 2005Da44114, Jun. 28, 2007).

In light of the above facts in light of the legal principles as seen earlier, since the instant grave was installed with the consent of the Plaintiff, who is the owner of the instant land, the Defendants, the owner of the instant grave, had the right to graveyard.

Therefore, the Plaintiff shall, unless there are special circumstances.