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(영문) 대전지방법원논산지원 2016.06.16 2015가단21342
분묘굴이 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The land of this case was originally owned by F, and F was killed on May 10, 1996.

G, which is the wife of the net F, completed the registration of ownership transfer on October 7, 1997 with respect to the land of this case, due to a consultation and division.

G died on December 16, 2003, and H, which is the deceased F and G’s children, completed the registration of ownership transfer on the land of this case on March 16, 2004 due to a consultation and division.

B. The Plaintiff was awarded a successful bid for the land No. 1 in the first real estate auction procedure in Daejeon District Court Seosan Branch I, and paid in full the sale price on February 25, 2010, and completed the registration of ownership transfer on the land No. 1 on February 26, 2010.

C. On the other hand, J-gun, Chungcheongnam-gun, Chungcheongnam-gun, J. 55 square meters adjacent to the same side of the instant land (hereinafter “instant land”) was unregistered land that was originally owned by K, and K died in around 1989 around 19.

(A) A total of 8 members of L (6/31 shares), M, N,O, P, Q, R (not less than 4/31 shares) and S (1/31 shares), who are children of the network K, completed registration of preservation of ownership on the land of this case on December 13, 1989.

P died on June 1, 1995, and on June 3, 1995, the Defendant, the South-North of the net P, installed a net P grave near the boundary of the land No. 1 and the land No. 2.

As a result, the deceased P’s grave was extended to the land No. 1 of this case and the land No. 2 of this case. Of the land No. 1 of this case, the location where the above grave was located was 5 square meters in order to connect each point of the attached Form No. 1-5 and 1.

E. The Defendant died on August 10, 199, and on August 12, 199, buried the body of the deceased D in the form of a single subdivision on the deceased P’s grave already installed on August 12, 1999.

As a result, the deceased P and D's single grave was also extended to the land of this case and the land of this case No. 1 and the land of this case No. 2, and the place where the above single grave among the land of this case is located is existing.

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