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(영문) 의정부지방법원 2019.05.16 2018나202799
분묘철거 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is not less than 11,504 square meters of H forest in South Yangyang-si.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, including the annexed documents, except for the following cases. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part of the judgment of the court of first instance: “Defendant E shall have written the following: “20,059 won [20,059 won [104,40 won for powder portion 2013 x 108,800 won for powder portion 114,800 won for powder portion 2015 x 116,400 won for powder portion 2016 x 305 x 305 days x 305 x 34.4 4,646 square meters for powder portion 2014 x 365 days; hereinafter the same shall apply]:

“Defendant” means KRW 20,275 [20,275 won = (104,40 won for powder 2013. x 108,000 won for powder 114,000 won for powder 116,400 won for powder 2015. 365 days/365 x 305 days/365 days) x 34.4 square meters for rent /646 square meters for rent 2014. 365 days; the same shall apply hereinafter.

[1] At the bottom of the 10th judgment of the first instance, the parallel between the parallel 2 and the 13th parallel 13th parallel shall be applied as follows:

“2) A decision on the defense) The defendant set up a grave on or around July 1983, 1994, 5 and 6 each time around July 1994. Since the defendant acquired the right to grave base by occupying each of the above parts (d) and (e)-1 of the forest land in this case where 5,6 were located in peace and openly for a period of not less than 20 years until the time the lawsuit in this case was brought, the defendant has a legitimate right to possess each of the above parts (d) and (e)-1. Accordingly, the defendant is not obliged to return unjust enrichment from the possession of the above parts to the plaintiffs. (b) The defendant is not obliged to return unjust enrichment from the possession of the above parts (e) to the plaintiffs. (1) The defendant shall obtain by prescription the right to grave base by occupying the grave base in peace and openly for 20 years.

(See Supreme Court Decision 94Da37912 delivered on February 28, 1995, etc.). In full view of the evidence No. 6-1’s video, the inquiry and reply to the Korea Electric Power Corporation’s testimony to Korea Electric Power Corporation, the testimony of the first instance court witness AW, the fact that the photograph taken on February 5, 2006 appears to have two graves, and the Plaintiff B’s type AW, a shape of the Plaintiff B, around November 2005.

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