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(영문) 수원지방법원여주지원 2017.05.17 2015가단22757
토지
Text

1. The Defendant (Counterclaim Plaintiff) shall draw up a annexed map of 21,920 square meters of G forest land and 552 square meters prior to H innju to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs are co-owners who own each of the 1/5 shares of G forest 21,920 square meters and 552 square meters (hereinafter “each of the instant lands”) prior to H in Innju-si.

B. Among each of the instant lands, there are graves I attached to the Defendant’s (hereinafter “instant grave”) located on the part of five square meters in the part inside the ship (Ga), which connects each point of which is indicated in the annexed drawing Nos. 13, 14, 15, 16, and 13, and the Defendant, among each of the instant lands, has installed facilities, such as the instant grave, stone, and stone, within the area of 241 square meters connected each point of the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 100 square meters (hereinafter “instant grave”). The Defendant occupies the dispute portion among the instant lands.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1 and 2 (including a Serial number), each statement or image of Gap evidence 1, 2, 5, and Eul evidence 1 and 2, the court's entrustment of appraisal to the female branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the judgment as to the cause of the claim, the defendant installed the facilities, such as the tomb and tombstone, in the dispute part of each of the lands of this case, and occupied the part of the dispute part of each of the lands of this case, thereby hindering the exercise of the plaintiffs' ownership of each of the lands of this case. Thus, barring any special circumstance, the defendant is obligated to excavate the graves of this case to the plaintiffs, excavate the tomb of the graves of this case, remove the tombstones, tombstones, and other facilities installed within the dispute part of each of the lands of this case, and deliver the dispute part

B. The defendant's argument regarding the defendant's assertion is that the defendant's defendant's defendant's defendant's attached I has occupied the land in peace and public performance with his intention to own the land for more than 40 years after receiving the share of the dispute among each of the land of this case from the J clan which was the owner of each of the land of this case in return for the defendant's correction of the clan and the tea of the clan.

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