The prescriptive acquisition of the grave base by the establisher of the grave on the land owned by another person without the owner’s permission; and

If a person who installed a grave on the land owned by another person, without his owner’s permission, openly occupied the grave for twenty (20) years, the possessor of the grave shall not acquire by prescription any real right similar to the superficies on the land and shall not acquire the ownership of the grave.

Articles 279 and 452 of the Civil Act

F. H.S. T. T. S. T. T. T. S. T. T. T. T. T. T. T. T

Defendant

Jeonju District Court Decision 68Na112, 113 decided August 30, 1968

(1) From among the original judgment, the part concerning the part concerning the 7 burials in the upper judgment among the three-fourths of forests and fields in Jeonju, the part concerning the 7 burials in the lower judgment shall be reversed, and such part shall be remanded to

(2) The appeal concerning the part other than the above shall be dismissed, and the costs of appeal concerning that part shall be assessed against the defendant.

(1) Of the Defendant’s grounds of appeal, the part on the 45 square meters of the judgment of the court below was examined as to the part on the 183 square meters of the 183 square meters of the judgment of the court below, and according to the original judgment, the court below's decision 45 square meters of the above portion on the 45 square meters of the 45 square meters of the judgment of the court below, based on the timely evidence, was part of the forest in which the Plaintiff had the grave under the Plaintiff's 100 or more years of possession as above, and developed the grave in the above Plaintiff's 100 grave and let the ancestor cry of the above Plaintiff's cryp of the above Plaintiff's grave (the purport that the Plaintiff cultivated the above cryp of the grave as the above cryp of the 1918 square meters of the judgment of the court below, and the court below's decision that the above cryp of the above cryp of the defendant's possession of the forest by the above 10-day.

(2) Of the grounds of appeal, in relation to the burial ground of the Jeonju-si ( Address omitted), the 3rd 4th Babal ground of the judgment accompanied by the annexed drawings 1 to the 7th Babal ground of appeal

If a person who installed a grave on another person's land without his consent has occupied the base of the grave for twenty (20) years in peace and openly, by prescription, he shall acquire the real right similar to superficies on the other person's land, and if there is such installation of a grave, it shall be interpreted that only the Plaintiff acquires the same right to superficies on the base of the grave, unless there are other special circumstances, and that the ownership on the base of the grave has not been acquired. According to the original judgment, the court below recognized that the Plaintiff continued to occupy the forest above the forest above the Defendant's possession for twenty (20) years by installing the grave, and that the Plaintiff started possession with the intent to own the base of the grave as above with the intention to own it by public evidence of the judgment, and thus, it should be viewed that the lower court did not recognize the Plaintiff's intention to possess the grave as the independent possession of the grave because it did not constitute an unlawful evidence that the Plaintiff had established the grave in this case with the intention to possess it with the intention of possession for twenty (20) years as a matter of course.

Therefore, with the unanimous opinion of all participating judges, the dry field part 45 square meters in the grounds of appeal is dismissed without merit, and the judgment of the original court is reversed as to the 7 grave part in the cemetery.

Supreme Court Judge Lee Young-subop (Presiding Judge)