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(영문) 춘천지방법원속초지원 2019.08.23 2018가단789
분묘굴이 등
Text

1. The defendant is not less than 5,020 square meters among the plaintiff's Gowon-gun C forest land in Gangwon-gun.

(a) Attached drawing(2) and (3) each grave;

Reasons

1. Basic facts

A. On October 13, 2014, the Plaintiff completed the registration of ownership transfer with respect to the 5,020 square meters of Gangwon-gun C forest land (hereinafter “this case’s land”).

B. The Defendant, among the instant land, owns and manages a grave of the Defendant’s father D (Death on March 10, 1954) (hereinafter “B grave”) indicated in the separate drawing indicating the attached drawing, ② a grave of the Defendant’s mother E (Death on December 24, 1997) (hereinafter “B grave”) installed in the same drawing, ③ a grave of the Defendant’s wife F (Death on March 19, 207) installed in the same drawing (hereinafter “III grave”) (Death on March 19, 207) indicated in the separate drawing, and owned and managed the grave of the Defendant’s wife F (Death on March 19, 207) installed in the same drawing. The Defendant occupied the land of this case (hereinafter “B grave”).

(c) Land within the scope necessary for the protection and winging of seedlings is the area of 18 square meters on board (a) connected in sequence of each point of 29,30,31,32,33, and 29 indicated in the same drawing(s).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the result of this court’s verification, the result of appraiser G’s appraisal, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant has a duty to excavate the ground to the plaintiff, 1, 2, and 3, and deliver the land (b) to the plaintiff, except in extenuating circumstances.

3. The defendant's defense is proved to have acquired by prescription each right to grave base as to ①, ②, and ③ a grave.

(1) As to tombstones, it is considered first.

In full view of the overall purport of the pleadings in the statement (including the paper numbers) Nos. 1 through 7 of Eul, it is recognized that the defendant had occupied the land (Ga) which is the base of the tombstone in a peaceful and public performance for not less than 20 years from March 10, 1954. Thus, the defendant acquired the right to grave base by prescription as to the land (Ga).

Therefore, this part of the defendant's defense is justified.

(2) As to seedlings, the following shall be considered:

the statement of evidence set forth in subparagraph 1 of this paragraph shall be the whole of the pleadings.

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