(영문) 전주지방법원 군산지원 2017.03.07 2015가단9498

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2017.03.07 2015가단9498

분묘굴이 등

Text

1. The defendant points out each of the annexed drawings 1, 2, 3, 4 and 1 among the land listed in the annexed list to the plaintiff.

Reasons

Basic Facts

The Plaintiff is a clan that owns the land indicated in the attached Table (hereinafter referred to as “instant land”).

Of the instant land, one grave (hereinafter “instant grave”) is installed on the part indicated in paragraph (1) of this case. The Defendant asserted that the said grave was his/her crepane’s grave and protected and managed the said grave by asserting that it was his/her crepane’s grave.

[Ground for recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence No. 3-1, Gap evidence No. 3-1, Eul evidence No. 3-3, and the purport of the whole oral argument is that the grave of this case is installed on another's land, and the defendant who protects and manages the grave of this case is obligated to excavate the grave of this case to the plaintiff who is the owner of the land where the grave of this case is installed, and to deliver the part of the land where the grave is installed

As to the defendant's defense, the defendant acquired the right to grave base under the customary law by way of peacefully and openly occupying the base of the grave from the date on which he/she installed the grave for twenty (20) years, and therefore, he/she did not have any obligation to excavate the grave to the plaintiff.

According to the overall purport of each of the images and arguments by evidence No. 9-1, No. 9-1, No. 2, 3, and 4, it is acknowledged that the part of the land of this case was installed in the part where the grave of this case was installed on the aerial photography taken on Dec. 12, 1990, with a structure wherein the body is protruding out. According to the aerial photography taken on Sep. 1995, the said part of the land did not appear in the structure, and the aerial photography taken on Apr. 203, 203, the grave of this case was revealed in the photograph taken thereafter, and the fact that it was maintained in the photograph taken thereafter.

The defendant asserts the right to grave base by asserting that the form of structure protruding on the photograph taken around December 1990 (No. 9-1 of the evidence A) is the grave of this case.

However, the plaintiff was dated February 24, 2016, before the above aerial photography was submitted.

유사 판례

-수원지방법원평택지원 2016.10.11 2015가단44682

-춘천지방법원 원주지원 2012. 6. 29. 선고 2011가단15130 판결

-의정부지방법원 2019.11.08 2018가단122328

-청주지방법원 2015.01.22 2014가단9144

-대구지방법원 2017.11.23 2017가단13585